693JJ925RQ000303 Draft SOW_Final.pdf

Draft SOW State of Practice on Oral Fluid Programs

SECTION C – DESCRIPTION/ SPECIFICATIONS/ WORK STATEMENT (Draft)

C.1 OVERVIEW/BACKGROUND

C.1.1 OVERVIEW

The National Highway Traffic Safety Administration is responsible for keeping people safe on America’s roadways. Through enforcing vehicle performance standards and partnerships with state and local governments, NHTSA reduces deaths, injuries and economic losses from motor vehicle crashes.

The agency develops, promotes and implements effective educational, engineering and enforcement programs with the goal of ending preventable tragedies and reducing economic costs associated with vehicle use and highway travel. The Impaired Driving Division supports and advances NHTSA’s mission by developing and sharing programs proven to reduce crashes, injuries and fatalities from impaired driving. The office supports the development of behavioral safety programs and tools increases awareness about the risks of impaired driving.

To assist NHTSA in fulfilling its mission of saving lives and preventing injuries, the Contractor will work with NHTSA to identify active oral fluid programs, to document program implementation, practices, protocols, benefits and challenges that may assist other states with similar programs. The Contractor should identify guides for oral fluid programs and synthesize and consolidate their directions.

C.1.2 BACKGROUND

Driving impaired by any drug, including alcohol, is illegal in all 50 states, the District of Columbia and all U.S. Territories. This includes impairment from prescription and over-the-counter medications, cannabis, and illegal drugs. However, no commercially breath-based or other detection technology is currently available to measure impairment from drugs other than alcohol. With the legalization of cannabis in many states and the opioid epidemic, law enforcement seek on-site screening tools to aid in the detection of drug-impaired drivers.

Oral fluid testing for drugs is increasingly used by law enforcement officers at the roadside to test for drug use and establish probable cause and potential reimbursement for use of these devices is supported in the current NHTSA authorization (23 USC (d)(4)(B)(xi)(I)). Law enforcement state oral fluid sample collection can be more easily collected than blood and can be quickly collected before drug metabolites dissipate. Potential shortcomings of oral fluid include its ability to detect some metabolites but not all and detection of drug presence only and not impairment.

Several manufacturers have been developing portable on-site oral fluid drug-testing (screening) devices designed for use in the field. NHTSA (2021) evaluated five different devices commonly marketed to and used by law enforcement. The laboratory study assessed the screening devices’ accuracy, reliability and performance compared to manufacturer specifications. It also examined their susceptibility to interference and resistance to extremes of temperature and humidity (Buzby et al, 2021). The results indicated the five tested devices showed variability in performance across devices and across drugs on measures of sensitivity, specificity, and accuracy.

Use of oral fluid by states varies based on lab capability, legal framework, training and other factors 1AAA and the National Alliance to Stop Impaired Driving (NASID) have developed tools for implementing these programs.

C.2 PURPOSE

The purpose of this project is to identify active oral fluid programs and document program implementation, practices, protocols, benefits and challenges to assist other states with similar programs. The project will also synthesize third party guidance on this topic. This project should include a landscape and policy scan and a lessons learned document.

C.3 DEFINITIONS AND ACRONYMS

The following is a list of acronyms and definitions used throughout the Statement of Work (SOW). This list may not be exhaustive.

CO Contracting Officer COR (TO) Contracting Officer’s Representative (Task Order) Day Unless specified otherwise, the term “day” refers to calendar day.

DOT Department of Transportation NHTSA National Highway Traffic Safety Administration PM Project Manager SME Subject Matter Expert SOW Statement of Work WP Work Plan

C.4 OBJECTIVES

To ensure technical accuracy, relevancy, and consistency the Contractor shall create a working group. The Contractor, with assistance from the working group, will conduct a landscape and policy scan and report results to include 1) data, research, and resources related to active oral fluid screening and confirmatory testing programs; 2) a research review of and information on oral fluid devices; 3) a review of Federal, State, and local laws, protocols, regulations, trends, 1 Gross, A, (2022). Use of Oral Fluid to Detect Drugged Drivers: A Toolkit for Lawmakers, Toxicologists & Criminal Justice Professionals. AAA.

and information specific to oral fluids programs, and 4) a consolidation of stakeholder recommendations for oral fluid programs.

Additionally, the Contractor and the working group will create a lesson learned document to assist states developing an oral fluid program. This document will include promising practices as well as the benefits and challenges of oral fluid programs.

C.5 GENERAL REQUIREMENTS

The Contractor will assemble a working group of subject matter experts to assist in collecting and reviewing relevant information. The contractor will also prepare a landscape and policy scan/document and a lessons learned document to inform states on oral fluid programs. The project documents, to be approved by NHTSA, will be organized in a systematic and logical manner, to provide the user with the steps necessary to assist them in utilization and/or implementation of the resources.

C.6 SPECIFIC REQUIREMENTS

C.6.1 Kickoff Meeting

Within (1) month prior to Kickoff Meeting the contractor shall submit Kickoff Meeting materials in digital format, and as a PowerPoint presentation, with an overview of the work plan, inclusive of, but not limited to, project’s objectives, planned course of action, milestones and deliverables, and final deliverable any other issues the Contractor or the Government identifies to COR (TO).

Within (2) weeks of receipt the Contractor shall incorporate the COR (TO) comments into the materials and return to the COR (TO) for final review and acceptance.

Within one (2) months of award the Contractor shall virtually meet with, and present to, the COR (TO), Contracting Officer (CO) and/or Contract Specialist (CS) and other interested National Highway Traffic Safety Administration (NHTSA) personnel. The purpose of this meeting is to have the Contractor present and discuss the work plan, inclusive of, but not limited to, project’s objectives, planned course of action, milestones and deliverables, and any other issues the Contractor or the Government identifies.

C.6.2 Work Plan

Within two (2) months of award, the contractor shall submit a workplan to the COR (TO) on the initiation of and activities related to the working group, research to be done on the landscape and policy scan and plans for the development of the lessons learned document. The COR (TO) will provide comments to the Contractor to respond, if necessary. This revision process will continue until the COR (TO) approves the final workplan. The Contractor shall not proceed with any subsequent specific requirements until after the COR (TO) has approved the final workplan.

C.6.3 Working Group

Within one (1) month of contract award the Contractor shall submit to the COR (TO) the proposed list of working group members, and with the list, shall also include the following for each member:

• Which role the member will fill (e.g..- John Doe-Representative from State oral fluid program).

• Resume detailing experience relevant to the role to be filled.

• (1) paragraph detailing the Contractor’s reason for selecting the individual for the role.

Following award the Contractor shall begin to assemble a working group, of no more than 9 members, to collaborate with COR (TO) to ensure technical accuracy and relevancy of the information collected. The working group shall include the following:

• (1) Representative from a national law enforcement association

• (3) State Oral Fluid Program Representatives

• (2) State Office of Highway Safety Representatives

• (1) Stakeholder Representative

• (2) Lab staff Representatives

Within (1) week of receipt the proposed working group list the COR (TO) will respond with approval or denial.

Within (2) days of receipt the request from the COR (TO) will amend the list and send to the Contractor.

Within (2) days of receipt from the Contractor, the COR (TO) shall review the amended list and respond with either approval or request for meeting to further discuss.

Within (1) week of receiving approval from the COR (TO) the Contractor shall send an email to the COR (TO) confirming that “all members are confirmed, and work will proceed.”

C.6.4 Landscape and Policy Scan

The Contractor shall conduct a landscape and policy scan within ten (10) months of award, the Contractor shall submit a report synthesizing the findings from the landscape/scan.

The COR (TO) will either approve or request revisions to the landscape/scan. The Contractor shall not proceed with any subsequent specific requirements until after the COR (TO) has approved the scan.

The landscape/scan shall include input from the working group and may include sources such as Google Scholar, Web of Science, Transportation Research International Documentation

(TRID), and PsycINFO public databases, technical research reports, government reports, books, among other sources.

C.6.5 Initial State of Practice on Oral Fluid Programs Lessons Learned document

Within (15) months the Contractor will deliver the initial (lessons learned) report to the COR (TO), for review and comment.

The Contractor shall collect information through research and gathering of existing data, written materials (training, articles, etc.), contacts and organizations. Introduction to agencies and limited assistance in information collection will be provided by the COR (TO).

Additionally, the Contractor shall review information provided by the COR (TO) on existing materials and programs and work with the COR (TO) to identify additional information needed.

Working group members should also provide feedback.

The lessons learned document should include at minimum:

Promising practices as well as the benefits and challenges of oral fluid programs.

Within (1) month of receipt of the initial document, the COR (TO) will review and respond to the Contractor with comments, and approval to proceed.

C.6.6 Final Deliverables Review

Within (20) months of approval the Contractor, inclusive of the feedback from working group members, will complete the final review of the project deliverables and development of final report covering each project deliverable, and shall deliver the final document and project deliverables to the COR (TO) for review and comment.

Within (1) month of receipt the COR (TO) will review and respond to the Contractor with comments and/or approval the final document and project deliverables.

Within (1) week of request the Contractor shall submit the amended areas to the COR (TO).

C.6.7 Final Briefing

Within twenty-three (23) months of award the Contractor shall conduct a Final Briefing virtually. The Final Briefing shall consist of a 30 - 45-minute presentation of the project that includes the background of the project, a description of the specific tasks conducted, and issues raised at the meeting, followed by a question-and-answer period.

C.6.8 Monthly Progress Meetings

Within three (3) months after award, the Contractor shall prepare and submit Monthly reports describing the status and progress of activities outlined in the project work plan, and include any resources developed and deliverables completed during the month. The reports shall include an up-to-date summary of accomplishments by the Contractor; obstacles and problems encountered and proposed solutions; noteworthy activities, events, or successes; and a Financial Statement of funds expended to date. The report shall be delivered within the 2nd week of each month.

(End of Section C)