4-BW26-1 - Attachment B - Scope of Work FINAL.docx

Scope of Work Attachment B Solicitation #BW26-1 Breath Alcohol Testing and Presumptive Drug Tests

1. PURPOSE

a. The purpose of this State of Utah Cooperative Contract will be for the benefit and use of all Eligible Users, which includes the State of Utah’s government departments, institutions, agencies, political subdivisions (e.g., colleges, school districts, counties, cities, etc.), and, as applicable, nonprofit organizations, agencies of the federal government, or any other entity authorized by the laws of the State of Utah to participate in State Cooperative Contracts. This contract does not guarantee any sales.

2. ANTICIPATED SERVICES & BACKGROUND

a. It is anticipated that awarded contractors will provide products and services within any or all of the following categories:

i. Evidential Breath Alcohol Testing Devices (EBT)

1. Generally stationary, highly accurate devices that can produce test results that could be court admissible.

ii. Portable Breath Alcohol Testing Devices (PBT)

1. Handheld devices, generally used by law enforcement (roadside) to establish probably cause, less accurate than an EBT.

iii. Presumptive Drug Tests – Toxicology

1. Rapid Drug Tests that confirm the evidence of a substance within a body

2. Related Services, such as 3rd party administration

iv. Presumptive Drug Tests – Colorimetric/Surface

1. Rapid Drug Tests that confirm which drug is present within a substance

b. Historically the State of Utah had a portfolio for Breath Alcohol Testing with four contractors, and a portfolio for Drug and Alcohol Testing Devices with a single contractor and a portfolio for Drug Testing with a single contractor. It is the State’s intent to combine those portfolios and have multiple categories in which contractors may provide products and services.

c. Historical spend in the Breath Alcohol Testing portfolio in the previous four fiscal years have ranged from $20,000 per year to $540,000 per year. Historical spend in the Drug and Alcohol Testing portfolio has been much less, ranging from $1,500 - $13,600 per year. Reporting for the Drug Testing portfolio reflects an estimated $50,000 per year. These portfolios are primarily being utilized by the State’s Department of Public Safety, and Corrections; however, many cities, counties, and schools have purchased small amounts from each portfolio.

i. Historical spend is provided for context and does not guarantee any future sales.

d. This contract may be modified to incorporate new technology or technological upgrades related to the Scope of Work throughout the term of the contract.

3. SCOPE OF WORK

a. This contract covers all related equipment, accessories, training, maintenance, etc. related to the following categories.

i. Evidential Breath Alcohol Testing Devices (EBT)

ii. Portable Breath Alcohol Testing Devices (PBT)

iii. Presumptive Drug Tests – Toxicology

iv. Presumptive Drug Tests – Colorimetric/Surface

b. Contractor may not offer products or services within other categories that were not initially awarded to them.

c. For all categories:

i. All products supplied by the Contractor must be new (i.e. not used).

ii. Contractor must provide all necessary training to properly use any equipment or products sold to the Eligible User. Online or multimedia training options must be at no additional cost to the Eligible user.

iii. When providing a quote, the Contractor must notify Eligible Users if any items are backordered or will not arrive within 30 days of receiving a Purchase Order.

d. For Breath Alcohol Testing Devices, both EBT and PBTs:

i. The State of Utah is governed by Administrative Rule R714-500. Contractors must be aware of the State’s Administrative Rule and adhere to any process that applies to them or their products. https://adminrules.utah.gov/public/rule/R714-500/Current%20Rules?searchText=breath%20alcohol%20testing.

ii. Breath alcohol testing devices must be on the approved list for breath alcohol test devices maintained by the National Highway Traffic Safety Administration (NHTSA)

iii. Contractor must provide all warranty options to the Eligible User for each device; at minimum a one-year warranty must be provided that covers all parts and repairs.

iv. Replacement parts must be OEM (Original Equipment Manufacturer) unless otherwise approved by the Eligible User.

1. Minimum requirements for Evidential Breath Alcohol Testing Devices:

a. Contractor must provide onsite or offsite training to those in the State who certify, calibrate, or repair breath alcohol testing devices.

b. If the Contractor is providing maintenance, repairs, training, and certification checks, they must ensure those individuals (i.e. Technicians) have been certified by the State as Technicians.

c. If certification checks are provided by the Contractor, a device cannot exceed 40 days between certification checks.

d. Contractors may offer repair services on any breath alcohol testing devices, when additional issues are discovered after initial inspection, the Contractor must immediately notify the Eligible User for approval to approve any additional work.

2. Minimum Specifications for Evidential Breath Alcohol Testing Devices

a. Must be capable of measuring and displaying alcohol concentrations from 0.00 to 0.60 grams per 210 Liters of air (grams/210L)

b. Must be capable of determining the alcohol concentration of known vapor sample within 5% or 0.005 g/210L (whichever is greater) of the known concentration.

c. Must be capable of monitoring breath flow rate and volume to ensure a deep-lung air sample is obtained (e.g. at least 1.1L)

d. Must be capable of detecting the presence of alcohol originating from the mouth, i.e. residual from a recent drink.

e. Must be able to test an "air blank" (ambient air)

f. Must be capable of detecting and reporting the presence of interfering substances that could be mistaken for other substance.

g. Must have a manufacturer-developed government-approved Quality Assurance Plan detailing calibration and maintenance procedures

h. Must be able to print a record of the test results.

i. Must be capable of collecting and storing monitored test data

3. Minimum Specifications for Portable Breath Alcohol Testing Devices

a. Must be capable of displaying the result as a numerical concentration (e.g. 0.08 g/210L) or a pass/fail notification system (color coded lights indicating various alcohol ranges)

b. Must have accuracy of at a .02 Level

c. Must be considered a handheld device and capable of being powered by a battery.

d. Must be designed to allow for periodic external calibration checks

e. Mouthpieces should be individually sealed and disposable

e. For Toxicology Drug Tests:

i. All drug tests must meet the minimum standards as set forth by the DOT (Department of Transportation).

ii. Contractors may supply testing kits, supplies, and related services to the Eligible Users. Related services include, but are not limited to:

1. Administration of the tests by the Contractor, if all State and Federal requirements are met

2. Administration of testing programs, excluding programs related to employment drug testing

3. Certification and training related to administering drug tests

4. PRICING INFORMATION

a. Pricing for all products and services, including any fees will be detailed in Attachment C. Any products, services, or fees not listed cannot be charged to an Eligible User.

b. If the Contractor is an authorized dealer for a manufacturer, percent (%) discounts may be allowed for specific brands or product categories, in which case, the % discount is for the life of the contract, and a product catalog will be available at all times on the contract’s public website managed by the Division of Purchasing. Percent (%) discounts are considered a minimum discount.

c. Contractual Prices are guaranteed for at least 12 months. After the price guarantee period is over, the Contractor may request a price increase, accompanied by a market analysis justification provided by the Contractor to the Division of Purchasing Contract Manager. The Division of Purchasing Contract Manager has the right to approve or deny any price increase requests. An approved price increase request requires an amendment to the Contract. Contract pricing is considered the maximum price.

d. New products or services with associated pricing may be added to the contract upon approval of the Division of Purchasing Contract Manager. Additions will be incorporated via amendment. An amendment is not required if the Contract pricing is based on a % discount from the manufacturer.

i. Contractor may only request additions once per calendar year

e. Contractor may not enforce a minimum order quantity to receive the stated pricing