9-Attachment D - Scope of Work1.docx

ATTACHMENT D

SCOPE OF WORK

I. GOALS AND OBJECTIVES

It is the goal of the Division of Prison Operations (DPO) to create a correctional environment that is free from drugs and other substances which are harmful to the rehabilitation of offenders in a correctional setting. By maintaining accurate and efficient urinalysis (UA) laboratories and associated UA equipment, DPO and CONTRACTOR contribute to the safety of Utah and the greater Mission of UDC:

UDC Mission:

“Our dedicated team of professionals ensures public safety by effectively managing offenders while maintaining close collaboration with partner agencies and the community. Our team is devoted to providing maximum opportunities for offenders to make lasting changes through accountability, treatment, education and positive reinforcement within a safe environment.”

II. PERFORMANCE MEASURES

CONTRACTOR will provide all equipment, software, training, repair, supplies, and consumables necessary for conducting on-site UA testing using automated high-throughput analyzers at both the Utah State Correctional Facility (USCF) and at the Central Utah Correctional Facility (CUCF). In exchange, UDC shall purchase reagents used to perform drug testing from CONTRACTOR.

Quality of service and performance will be measured by CONTRACTOR’s ability to furnish, install, maintain, and warranty equipment for the entire on-site drug testing systems’ operation at full capacity in a cost-effective manner. In addition, CONTRACTOR’s performance will be measured by invoicing in accordance with contract requirements, and by measuring and evaluating evidence provided by the CONTRACTOR and monitoring of the CONTRACTOR’S compliance with each and every term and condition as defined in Attachments A through C.

III. DETAILED SCOPE OF PERFORMANCE

CONTRACTOR shall:

A. Comply with all Federal, State, and local legislation, rules, and regulations relating to the provision of services under the terms of a resulting contract, including FedRAMP/GovRAMP authorization requirements (see § XVI. FedRAMP/GovRAMP Authorization Requirement).

B. Provide accurate testing sensitivity for all drugs included on the reagent list, equaling or surpassing the National Institute of Drug Abuse (NIDA) standards. CONTRACTOR must be able to furnish proof of the control and calibration of system, and ability of the system to identify a proven low level of false positive and false negatives. CONTRACTOR shall furnish such requests by UDC within three (3) working days.

C. Comply with all applicable UDC policies and procedures, and joint policies or protocols developed between the CONTRACTOR and UDC, including obtaining security clearances as requested by UDC and completing associated background checks D. Secure all necessary documents and permits.

E. Services to be provided:

1. Analyzers and Related Equipment – CONTRACTOR shall furnish, install, maintain, and warranty all equipment (including hardware, software, and any supplies) for UA laboratory machines and data management system. One analyzer will be located at USCF, and another identical analyzer will be located at CUCF.

a. Analyzer - Analyzer and associated equipment must:

i. Be automated and compatible with non-technical operators,

ii. Capable of providing automated printout of test results,

iii. Have the capacity to include and associate with each test a programmable inmate identification number (offender number) and an operator ID number,

iv. Include on-board documentation for procedures and help functions,

v. Be flexible for processing routine and STAT testing,

vi. Require minimal reagent preparation,

vii. Allow user-defined assay,

viii. Be installed, set up, and calibrated for full operation by CONTRACTOR

b. Peripheral equipment - If not self-contained, analyzer must include support for any and all peripheral equipment:

i. In case of loss of power in either location, CONTRACTOR must provide an uninterrupted power supply (UPS) capable of immediately powering analyzer and associated equipment with minimum fifteen-minute backup capability. CONTRACTOR must provide and maintain UPS for the full term of contract.

· Current power supply for UA labs are a 220V outlet at USCF, and a 120V outlet at CUCF.

ii. CONTRACTOR must provide, install, maintain, and warranty any necessary external plumbing requirements (i.e. water filtration system).

iii. Any necessary upgrades/modifications to UA lab space to meet analyzer or system requirements shall be documented and considered as part of the Request for Proposal (RFP) and shall be provided by CONTRACTOR. Additional details may be included in final scope of work.

iv. CONTRACTOR shall retain the title to all equipment furnished during the entire contract period. Peripheral equipment must be up to date at the commencement of contract, and maintained throughout the contract term.

v. CONTRACTOR shall be responsible for removal of all equipment upon termination of contract.

c. Data Management - CONTRACTOR shall provide, at each location, a data management system interfaced with the analyzer. The data management system must include:

i. A computer equipped with sufficient hard drive and memory to store, export, retrieve, and process large data files containing test results

ii. Software must be Windows-based technology, Windows 11 or newer.

iii. Printer must be able to print bar codes and labels, at a speed no less than 12 p.p.m.

iv. System shall have the capability to generate statistical result reports weekly and/or monthly. All reports generated are the property of UDC.

v. Additional details of data management system capabilities shall be collected during the RFP process, and may be included in final scope of work.

vi. CONTRACTOR must provide continual support and updates (as needed) to data management system throughout contract term.

vii. Upon contract termination, data records generated must be capable of exporting and/or transferring to a new system.

2. Training and System Support - Provide, through a single point of contact or “work order” entry system:

a. All field service/support for any furnished equipment or systems, certified by instrument manufacturers.

i. CONTRACTOR shall provide professional management to support on-site drug testing within UDC facilities. CONTRACTOR shall develop guidelines related to the design of any new policies, procedures, and protocols for drug tests.

ii. CONTRACTOR shall maintain regular contact with UA lab techs to discuss any problems with fulfillment of contractual requirements and provide on-site troubleshooting as necessary.

iii. CONTRACTOR shall be responsible for repairing inoperative analyzers, or any associated equipment. Initial response to services requests shall occur within twenty-four (24) hours of request, and inoperative analyzers and equipment shall be restored to working order within forty-eight (48) hours (excluding weekends and holidays). CONTRACTOR shall provide on-site response to such requests as needed. Inoperative equipment needing to be replaced shall have replacements installed within five (5) working days.

b. Training, legal support, maintenance, technical assistance as requested by UDC.

i. CONTRACTOR shall provide, upon installation, training necessary for UA lab techs to achieve company-endorsed certification to operate the analyzer and any peripheral equipment. All UA lab techs must receive training to become proficient in the use of analyzers and associated equipment, understand their maintenance responsibilities to keep the analyzer under warranty and in good working order, and be given a working knowledge of all drug assays, reagent, supplies, and consumables necessary for operation of equipment.

ii. Upon request, UDC shall initiate training for new UA lab techs, to be provided by CONTRACTOR.

c. CONTRACTOR shall remain responsible for the compliance of all SUBCONTRACTORS to the terms and standards of this contract (see XV. SUBCONTRACTORS). CONTRACTOR shall forward any requests from UA lab techs to appropriate SUBCONTRACTOR, and ensure SUBCONTRACTOR responsiveness to UDC needs as outlined in this section.

3. Drug Assays/Reagents and Consumables/Supplies

Drug Assays/Reagents - CONTRACTOR shall provide (for purchase by UDC) reagents compatible with the furnished analyzer to test for the following substances, if compatible with the analyzer:

Drug Assays/Reagents 6-AM / 6-MAM (Heroin / 6-Monoacetylmorphine) Alcohol Amphetamine (AMP) Barbiturate (BAR) Benzodiazepines Cocaine (COC) Ecstasy / MDMA (Methylenedioxymethamphetamine) Fentanyl & Norfentanyl Gabapentinoids (Gabapentin / Pregabalin) Kratom (Mitragynine) Marijuana (THC) Methadone (MTD) Methamphetamine (mAMP) Methaqualone (MQL) Opiates / Morphine (OPI - includes morphine, codeine) Oxycodone (OXY) Phencyclidine (PCP) Propoxyphene (PPX) Suboxone / Buprenorphine Synthetic Cannabinoids (K2 / K3 / Spice) Tricyclic Antidepressants (TC / TCA) Ultram / Tramadol Adulterants & Specimen Validity Tests Creatinine Oxidant pH Specific Gravity Consumables/Supplies - CONRACTOR shall provide, included in this contract and without cost, all chemicals, laboratory consumables/supplies, and other ancillary supplies required for the operation of UA machine and other furnished equipment, including, but not limited to:

Multi-level calibrators and QC controls, system wash solutions, probe decontaminants, reaction cuvettes, sample cups, water purification filters, specimen collection cups with temperature strips, tamper-evident security seals, chain-of-custody forms, barcode labels, biohazard bags, and thermal printer paper.

IV. TIME FRAME

CONTRACTOR shall deliver reagents and supplies/consumables within 5 days of receipt of order

V. CONFIDENTIALITY

Many of the records to which CONTRACTOR may have access are properly classified as “private,” “controlled” and/or “protected” under the Utah Governmental Records Access and Management Act (GRAMA), Utah Code Annotated § 63G-2-1-1, et seq. CONTRACTOR is subject to the same restrictions on disclosure of any such records or record series as UDC. CONTRACTOR agrees to adhere to the following restrictions regarding such records:

A. CONTRACTOR’S use of the record or record series produces a public benefit that outweighs the individual privacy right that protects the record or record series.

B. CONTRACTOR’S access to the record or record series is necessary for the performance of this contract.

C. The record or record series accessed by CONTRACTOR will only be used for the performance of this contract.

D. The record or record series accessed by CONTRACTOR will not be disclosed to any other person; and E. The record or record series accessed by the CONTRACTOR will not be used for advertising or solicitation purposes.

Failure to adhere to all restrictions set forth above may subject CONTRACTOR and/or its staff to criminal liability pursuant to Utah Code Annotated § 63G-2-801.

VI. PRICE GUARANTEE PERIOD

All pricing must be guaranteed for two (2) years. Any request for price adjustment must be for an equal guarantee period, must be made at least 30 days prior to any adjustment, must include sufficient documentation supporting the request and demonstrate a logical mathematical link between current price and the proposed price. Any adjustment or amendment to the contract will not be effective unless approved by the State Director of Purchasing and no requested adjustment is guaranteed. The State will be given the immediate benefit of any decrease in the market, or allowable discount.

VII. COMPENSATION

A. Compensation will be based on accepted all-inclusive bid prices found in Attachment D: PRICING SHEET B. Prices include CONTRACTOR’S costs for shipping, storage, handling, and delivery F.O.B. destination with all transportation and handling charges paid by the CONTRACTOR.

C. Compensation limits are as defined. No additional costs or fees are eligible for compensation under this agreement.

D. Contract funding is based on average usage. The contract may increase funding based on demand and if usage is higher than anticipated. Any additional funds must be approved by State Purchasing and will be added to the contract by way of an amendment.

VIII. COST OF SERVICES

A. Payment under this contract shall be made on a fee for delivered services and/or products, as defined in the contract, not to exceed the contract limit.

B. All procurements are subject to provisions of the State of Utah, including Utah Procurement Code and State Division of Purchasing rules.

IX. BILLING PROCEDURES

A. The CONTRACTOR shall bill UDC by the 10th of each month for services and/or products delivered during the previous month. Send a copy of the invoice to the contract monitor by monthly email (contract monitor contact information can be found on page 2 of the contract).

B. To be paid for services completed under this contract, an invoice detailing services shall be submitted to:

Utah Department of Corrections Attention Finance 14717 S Minuteman Dr.

Draper, Utah 84020-9549 C. Invoices may also be submitted electronically. via email to:

UDCaccountspayable@utah.gov D. Invoicing shall begin only after the CONTRACTOR begins providing service and should continue throughout the contract term as long as actual services are being rendered.

E. Each invoice/service ticket must include a date, invoice/ticket number, and must detail the product/service provided. Include both itemized cost and total cost.

F. Each invoice must reference the contract number and/or purchase order number.

X. TIME OF PAYMENT

A. UDC will make payments monthly to CONTRACTOR, for accurate invoices containing required documentation for services provided or products delivered during the previous month, up to the contract limit.

B. Payment must be made with funding allocated for the fiscal year in which the services and/or products were delivered. Prompt billings for June receipt of products and/or services must be received timely due to fiscal year-end. Untimely submittal of June invoices may result in payment delays.

C. All payments made by UDC to CONTRACTOR shall be made in accordance with the Utah Prompt Payment Act, Utah Code Annotated, 15-6-1 et. seq., upon receipt of an invoice, unless otherwise provided herein.

XI. PLACE OF PAYMENT

All payments by UDC to CONTRACTOR shall be sent to CONTRACTOR’S address as it appears on Page 1, Paragraph 1, “CONTRACTING PARTIES”. The CONTRACTOR shall notify UDC of the change of address within seven (7) working days.

XII. SECURITY MEASURES

UDC reserves the right to conduct a background check on all persons who enter UDC properties. CONTRACTOR’s staff providing services under this contract will be required to obtain Contractor Identification. Upon signing this contract, and annually throughout the contract term, the CONTRACTOR shall submit the names of all employees providing on-site services under this contract. This list will contain names, dates of birth, driver’s license numbers, and social security numbers. If any new staff begins providing services under this contract, the CONTRACTOR shall submit their name, birth date, driver’s license number, and social security number to the UDC for screening.

UDC retains the discretion to deny participation of any CONTRACTOR staff based upon criminal background information or convictions. No contracted staff shall be permitted to work within the bounds and environs of this contract until the background checks have been finalized and approved.

CONTRACTOR agrees that employees entering UDC property will cooperate with all security measures, including, but not limited to, searches. CONTRACTOR agrees that the use of wireless devices within the Division of Prison Operations is prohibited, and any such use requires approval by clearance from Security Administrators.

XIII. LICENSURE

A. CONTRACTOR agrees to maintain for the duration of the contract period all licenses necessary to lawfully perform the services covered by this contract, including a Business License from the applicable jurisdiction.

B. CONTRACTOR’S business and professional licenses will be requested annually and shall remain on file at the Contract Unit office throughout the entire contract term.

D. CONTRACTOR further agrees to advise UDC immediately in writing of any limitation, cancellation, or other termination of such license.

XIV. INSURANCE

A. CONTRACTOR shall maintain an occurrence-based insurance policy for its employees and professional staff as covered on Page 5-6 of this contract (Attachment A, §18). Said coverage shall continue throughout the term of the contract.

B. A copy of the Certificate of Insurance shall be maintained, by the Contract Coordinator, for the term of the contract.

1. CONTRACTOR shall provide the Certification to the Contract Coordinator in a “kick-off” meeting prior to initiation of the contract; or,

2. CONTRACTOR shall have the insurance carrier send the Certification prior to initiation of the contract to:

Utah Department of Corrections Attention Finance 14717 S. Minuteman Dr Draper, UT 84020-9549 C. CONTRACTOR shall provide the Certification annually throughout the term of the contract.

D. The CONTRACTOR through the insurance company must agree to notify UDC immediately in writing of any limitation, modification, cancellation, or other termination of such insurance coverage.

XV. SUBCONTRACTORS

A. CONTRACTOR is solely responsible for SUBCONTRACTORS’ compliance with all the terms and conditions of the contract.

B. CONTRACTOR is liable for performance of all SUBCONTRACTORS.

1. CONTRACTOR shall submit a list of all SUBCONTRACTORS employees servicing the contract.

2. If any new employee begins working under SUBCONTRACTOR, CONTRACTOR will submit their names, birth dates, driver’s license numbers and social security numbers to UDC as they begin employment.

3. CONTRACTOR will ensure SUBCONTRACTOR and SUBCONTRACTOR’S employees entering prison property will cooperate with all security measures, including, but not limited to, searches.

C. SUBCONTRACTORS will be held to the same performance standards as the CONTRACTOR.

D. UDC will not directly pay SUBCONTRACTORS for any services under this contract. CONTRACTOR maintains sole responsibility for payment and maintenance of any agreement(s) with all SUBCONTRACTORS.

XVI. FedRAMP/GovRAMP AUTHORIZATION REQUIREMENT In compliance with the Utah terms and conditions, where the product does not already have a FedRAMP or GovRAMP authorization status the following provisions apply:

A. At the time of contract execution, the product must be enrolled in the GovRAMP Progressing Snapshot Program and remain in the program until a verified status is achieved.

B. The product must achieve a verified status of GovRAMP Core no later than 12 months after the date of contract execution and maintain that status.

If the Contractor fails to maintain or achieve the security requirements outlined above, the using department may reevaluate the terms of the contract and determine whether the failure to comply justifies contract termination.

C. MONITORING CONTRACTOR COMPLIANCE

UDC will designate staff to oversee CONTRACTOR performance under this contract. The Contract Monitoring Plan will assist the UDC staff with monitoring the compliance of the contract requirements (ATTACHMENT E).

D. CORRECTIVE ACTION

CONTRACTOR must acknowledge that failure to adequately perform the services as defined will result in corrective action. Issues of CONTRACTOR non-compliance will be addressed in the following manner:

A. Contract Monitor will inform the CONTRACTOR of the problem and seek resolution by a mutually agreed upon date.

B. If the issue is not resolved, the Contract Monitor will notify the CONTRACTOR in writing documenting the failure to resolve by the agreed upon deadline and send a copy to the Contract Unit.

C. If the CONTRACTOR makes insufficient effort to communicate and resolve the issue, the Contract Monitor will communicate failure to resolve to the Contract Unit.

D. As a final step the Contract Unit will issue a letter notifying the CONTRACTOR of the intent to terminate the contract if the problem is not resolved by a specified deadline. Letter will be sent certified U.S. Postal Service mail requiring a signed return receipt.

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