9009 Solicitation Document.pdf

RFPSHELL. 4/11/2024

State of Florida Department of Transportation

REQUEST FOR PROPOSAL

Third Party Administrative of US DOT Drug and Alcohol Testing Program Services

DOT-RFP-25-9009-CA

CONTACT FOR QUESTIONS:

Cassandra Anderson, Procurement Agent 605 Suwannee Street, Mail Station 20

Tallahassee, Florida 32399-0450 cassandra.anderson@dot.state.fl.us

Phone: (850) 414-4479

State of Florida Department of Transportation Central Procurement Office

605 Suwannee Street, Mail Station 20 Tallahassee, Florida 32399-0450

REQUEST FOR PROPOSAL REGISTRATION

PLEASE COMPLETE AND RETURN THIS FORM ASAP

E-MAIL TO: cassandra.anderson@dot.state.fl.us

RFP Number: DOT-RFP-25-9009-CA

Title: Third Party Administrative of US DOT Drug and Alcohol Testing Program Services

Proposal Due Date & Time (On or Before): August 21, 2024 at 9:00 AM EST

Potential proposers should notify our office by returning this Registration Form as soon as possible after downloading. Complete the information below and e-mail to Cassandra Anderson at cassandra.anderson@dot.state.fl.us.

THE REQUEST FOR PROPOSAL DOCUMENT YOU RECEIVED IS SUBJECT TO

CHANGE. Notice of changes (Addenda), will be posted on the Florida Vendor

Information Portal at https://vendor.myfloridamarketplace.com/, under this bid number, click on “Search Advertisements”, click on the drop-down arrow beside the box under Advertisement Type, select Request for Proposal, click on the drop-down arrow beside the box for Organization, select FLORIDA

DEPARTMENT OF TRANSPORTATION, then go to the bottom of the same page and click on Advertisement Search. It is the responsibility of all potential bidders to monitor this site for any changing information prior to submitting your bid.

Company Name:

Address:

City, State, Zip:

Telephone: ( )

Contact Person:

E-Mail Address:

For further information on this process, e-mail or telephone: Cassandra Anderson, Procurement Agent cassandra.anderson@dot.state.fl.us

(850) 414-4479 mailto:cassandra.anderson@dot.state.fl.us https://vendor.myfloridamarketplace.com/ mailto:cassandra.anderson@dot.state.fl.us

MANDATORY QUALIFICATIONS FORM

RFP #: DOT-RFP-25-9009-CA

TITLE: Third Party Administration of US DOT Drug and Alcohol Testing Services

FEIN:________________________________

VENDOR:

SUBMITTED BY: TITLE:

NAME PRINTED

SIGNED:

SIGNATURE

DATE:

It is a mandatory requirement that the proposer submit documentation of sufficient detail to allow the Department to make a determination of responsiveness for the items (A - J) below.

Proposers not “Passing” ALL the minimum requirements for experience and qualifications and/or technology needs will be deemed non-responsive. Proposals deemed non-responsive will not be considered. (See Ex. A, SOS Part 1, 3.0 for examples). Proposals may be submitted in a reasonable format.

A. Personnel with a cumulative minimum 20 years of experience working with DOT compliant testing programs and comprehensive knowledge of FTA and FMCSA testing regulations.

B. A minimum of five current FTA-covered clients. FTA clients are direct grantees or sub-recipients of FTA funding and public transportation contractors operating on behalf of a direct grantee or sub-recipient agency.

C. A minimum of five current FMCSA-covered clients.

D. A minimum of two company officials who currently hold professional accreditations and/or certifications from one or more of the following professional organizations:

a. Certification Commission for Drug and Alcohol Program Professionals https://ccdapp.org

b. National Drug and Alcohol Screening Association https://ndasa.com

c. Substance Abuse Program Administrators Association https://www.sapaa.com

E. A designated point of contact with a minimum of five years of experience in the administration of federal testing programs and comprehensive knowledge of FTA and FMCSA regulations

F. Ability to establish an individual laboratory testing account for each user agency.

G. Ability to prepare individual purchase agreements with each user agency https://ccdapp.org/ https://ndasa.com/ https://www.sapaa.com/

H. Ability to provide DOT-qualified service agents throughout the state of Florida that meet the terms of this Scope of Services.

I. Ability to provide employer authorized drug and alcohol testing as a user agency option.

J. Ability to monitor and respond to emerging DOT testing methodologies such as oral fluid testing, and to facilitate information sharing with user agencies regarding implementation of products and services related to DOT oral fluid testing, when available.

K. Technology requirements:

a. After-hour contact procedures that include a response time of no greater than 30-minutes for a user agency’s post-accident and reasonable suspicion testing needs

b. Company website that meets the following standards:

i. Provides user agencies with secure, password-protected access to drug test results and statistical reports as described within the Scope of Services.

ii. Provides contract administrator or designated representative with access to user agency account data (applicable to the FTA group only)

iii. Cyber security measures that ensure:

1. User agency privacy and protection against unauthorized access.

2. Secure data transfer and protection at rest.

3. Secure communication protocols.

4. Secure payment systems.

5. Secure cloud protections.

6. Incident response reporting and recovery.

7. Continuity of operations.

8. Risk acceptance and mitigation procedures for disaster recovery.

END

Exhibit ” A” Scope of Services 04/30/24

Exhibit “A”

Third Party Administration of USDOT Drug and Alcohol Testing Program

Services

Administered by the

Florida Department of Transportation

In cooperation with the Florida Department of Education

04/30/24

Table of Contents Table of Contents

Glossary of Terms and Acronyms

Part 1: Background and General Requirements

1.0 Contract Purpose and Description

2.0 Experience, Qualifications and Technology Requirements

Part II: Scope of Services

1.0 Specimen Collection Services for DOT Drug Testing

2.0 Collection Site Compliance Monitoring

3.0 Specimen Analysis

4.0 Medical Review Officer Services

5.0 Result Reporting and Record Maintenance

6.0 Alcohol Testing Services

7.0 Random Testing Program Management

8.0 Electronic Records Access

9.0 Audit Response and Support

10.0 Employer Authorized (Non-DOT) Testing Services

11.0 Designated Point of Contact (POC)

12.0 Invoicing Requirements

13.0 Timely Payment to Service Agents

04/30/24

Glossary of Terms and Acronyms ATF means Alcohol Testing Form

CFR means Code of Federal Regulation.

Collection site means a facility where a qualified individual collects a specimen from a donor for the purpose of a DOT drug test.

DER means Designated Employer Representative.

Donor means an applicant or employee donating a specimen for the purpose of DOT drug testing.

DOT-qualified means a service agent who meets the qualification requirements in accordance with USDOT rule, 49 CFR Part 40, as amended.

FDOT means Florida Department of Transportation.

FDOE means Florida Department of Education.

FTA means Federal Transit Administration.

FMCSA means Federal Motor Carrier Safety Administration.

HHS means US Department of Health and Human Services.

MFR means Memorandum for Record.

MRO means Medical Review Officer.

Non-DOT means employer authorized, non-federal drug and alcohol tests.

ODAPC means the USDOT’s Office of Drug and Alcohol Policy and Compliance.

PIE means Public Interest Exclusion

POC means Point of Contact.

SAP means a DOT-qualified Substance Abuse Professional.

TPA means Third Party Administrator.

USDOT means United States Department of Transportation.

User Agency means the individual employer entering into a purchase agreement with the TPA to purchase services in accordance with the contract terms herein.

04/30/24

Part 1: Background and General Requirements

1.0 Contract Purpose and Description

The purpose of the following Scope of Services is to contract with a third-party administrator (TPA) to provide turnkey, comprehensive drug and alcohol testing services that will benefit USDOT-regulated transportation employers throughout the state of Florida. The USDOT-regulated employers eligible to purchase services under this contract will include two groups:

Employer Group One: Florida employers who are required to comply with Federal Transit Administration (FTA) regulations. This group of employers will include direct grantees and sub-recipients of FTA Section 5309, 5307 and 5311 funding as well as contractors providing public transportation on behalf of a direct grantee or sub-recipient, within the state of Florida.

Employer Group Two: Florida employers who are required to comply with Federal Motor Carrier Safety Administration (FMCSA) regulations. This group of employers will include student transportation providers such as county school boards and charter schools, as well as city and county governments and non-profit organizations whose employees are required to possess a commercial driver’s license.

The successful proposer will provide drug and alcohol testing administrative services in accordance with this Scope of Service to the employer groups, herein referred to as “user agencies”. The combined number of drug and alcohol tests conducted by user agencies on an annual basis is estimated at 12,500.

2.0 Experience, Qualifications and Technology Requirements

• A minimum of five current FTA-covered clients. FTA clients are direct grantees and/or sub-recipients of FTA funding sources; Section 5309, 5307, 5339 and 5311.

• A minimum of five current FMCSA-covered clients.

• A minimum of two company officials who currently hold professional accreditations and/or certifications from one or more of the following professional organizations:

a. Certification Commission for Drug and Alcohol Program Professionals https://ccdapp.org

b. National Drug and Alcohol Screening Association https://ndasa.com

c. Substance Abuse Program Administrators Association https://www.sapaa.com

• Ability to assign to user agencies a point of contact (POC) with a minimum of 5 years of experience in the administration of DOT compliant testing programs and comprehensive knowledge of FTA and FMCSA testing regulations.

• Personnel with a cumulative minimum 20 years of experience working with DOT compliant testing programs and comprehensive knowledge of FTA and FMCSA testing regulations.

• Ability to establish individual laboratory testing accounts for each user agency.

• Ability to prepare individual purchase agreements with each user agency.

https://ccdapp.org/ https://ndasa.com/ https://www.sapaa.com/

04/30/24

• Ability to provide DOT-qualified service agents throughout the state of Florida that meet the terms of this Scope of Services.

• Ability to monitor and respond to emerging DOT testing methodologies such as oral fluid testing, and to facilitate information sharing with user agencies regarding implementation of products and services related to DOT oral fluid testing, when available.

• Ability to provide employer authorized (non-DOT) drug and alcohol testing as a user agency option.

Technology requirements:

a. After-hour contact procedures that include a response time of no greater than 30 minutes to assist user agencies in locating testing services for post-accident and reasonable suspicion testing after normal business hours.

b. A company website that meets the following standards:

i. Provides user agencies with secure, password-protected access to test results and testing statistical reports as described within the Scope of Services.

ii. Provides contract administrator or designated representative with access to user agency testing data for oversight (FTA group only)

iii. Cyber security measures that ensure:

1. User agency privacy and protection against unauthorized access.

2. Secure data transfer and protection at rest.

3. Secure communication protocols.

4. Secure payment systems.

5. Secure cloud protections.

6. Incident response reporting and recovery.

7. Continuity of operations.

8. Risk acceptance and mitigation procedures for disaster recovery.

Proposers not meeting the minimum requirements for experience and qualifications and/or technology needs will be deemed non-responsive. Proposals submitted by those deemed non-responsive will not be considered.

04/30/24

Part II: Scope of Services

1.0 Specimen Collection Services for DOT Drug Testing

1.1 The TPA must maintain a network of DOT-qualified specimen collectors throughout the state of Florida that are regularly and actively engaged in the business of conducting DOT drug testing specimen collections.

1.2 The TPA must ensure that all specimen collectors are trained in accordance with 49 CFR Part 40, as amended.

1.3 The TPA must maintain training qualification documentation for all specimen collectors that are approved and assigned for use. The collector training qualification documentation must be provided to the user agency, a federal or state auditor, the contract administrator or a designated representative acting on behalf of the contract administrator, upon request and within two business days.

1.4 The TPA must approve and assign to each user agency, a minimum of two specimen collection sites meeting the following minimum criteria:

• Located within 25 miles of the user agency’s primary location.

• Available to perform DOT specimen collections at least five days per week.

• Available to perform DOT specimen collections at least eight consecutive hours, per operational day.

• Maintain standards for privacy and security per 49 CFR Part 40, as amended.

• Maintain the supplies necessary to complete DOT specimen collections.

• Able to conduct direct observation collections in accordance with 49 CFR Part

40.67, throughout all operational hours.

1.5 In the rare event that the TPA cannot locate specimen collection sites within the required parameters of Section 1.4, the TPA must provide a mobile collector at no additional charge, beyond the unit cost per test.

1.6 The TPA must provide each user agency a mobile testing resource for emergency, after-hours testing. The mobile services must be available 24 hours per day, seven days per week, including federal holidays.

i. User agencies must be informed of the fees and surcharges prior to commencement of the mobile collector’s services.

1.7 The TPA must ensure that a non-fatal flaw occurring at the point of collection is promptly corrected and a memorandum for the record (MFR) is supplied in a timely manner so as not to create a fatal flaw/canceled test.

1.8 The TPA must address and respond in writing, to all concerns of collection site non-compliance that are raised by user agencies, the contract administrator, or a designated representative. The TPA must respond to the concerns within two business days of the initial notification.

04/30/24

1.9 The TPA must ensure that collectors receive error correction training following all fatal flaws that result in canceled tests and must maintain documentation of error correction training.

1.10 The TPA must provide the contract administrator or designated representative, a quarterly report of all canceled tests that occurred during the prior quarter. The report must be submitted within 30 days of the end of the quarter and must include the following information for each canceled test:

• Collector name

• Collector address

• Collection date

• Specimen ID number

• Description of fatal flaw/error

• Date of error correction training

• Name of individual conducting error correction training

2.0 Collection Site Compliance Monitoring

2.1 On a quarterly basis, the TPA must perform on-site compliance monitoring inspections of at least three specimen collection facilities assigned to user agencies.

2.2 The contract administrator or designated representative will select three collection sites for inspection per quarter. The selected collection sites will be located within the state of Florida and within a reasonable distance from one another.

2.3 The contract administrator or designated representative will provide the TPA with an inspection checklist to be used to determine collector/collection site compliance with the requirements of 49 CFR Part 40, as amended.

2.4 The TPA must submit the completed checklist report to the contract administrator or designated representative, within ten calendar days of the inspection.

• Upon receipt of the completed checklist, the contract administrator or designated representative will prepare a memorandum on Department letterhead, outlining the areas of non-compliance revealed during the inspection, inclusive of the regulatory citations.

• The TPA will transmit the Department’s memorandum to the collection site and will ensure that corrective action is taken to bring the collection site into compliance.

• The TPA will provide the collection site’s documentation of corrective action to the Department within 30 days from the date of the memorandum.

2.5 When a user agency’s state or federal audit results in one or more areas of concern or deficiencies related to collection site security, integrity, or specimen collection procedures, the TPA will be notified of the corrective action requirements and will

04/30/24 assist the user agency in obtaining documentation of the implemented corrective action.

2.6 The TPA must ensure that alternative DOT-qualified collectors meeting the criteria in section 1.4 of this Scope of Services are provided to user agencies when a collection site is deemed non-compliant.

2.7 The TPA will notify the contract administrator when the Office of Drug and Alcohol Policy and Compliance (ODAPC) has issued a Public Interest Exclusion involving any collection site or collector being utilized by a user agency and must assign an alternative qualified collection site or collector.

3.0 Specimen Analysis

3.1 The TPA must ensure that all specimens are analyzed at a laboratory that is certified by the Department of Health and Human services under the National Laboratory Certification Program (NLCP) for testing of specimens collected under the authority of the Department of Transportation.

3.2 The TPA must ensure that documentation of laboratory certifications is provided to the user agency, a federal or state auditor, the contract administrator or a designated representative acting on behalf of the contract administrator, upon request and within two business days.

3.3 The TPA must ensure that the processing of incoming specimens, the analysis of specimens and the reporting of laboratory results is conducted in accordance with 49 CFR Part 40, Subpart F, as amended.

3.4 The TPA must ensure that at least one qualified forensic toxicologist is available upon request, to provide litigation assistance, to include expert witness testimony and depositions.

3.5 The TPA must ensure that all Medical Review Officers assigned to review laboratory reports and verify laboratory confirmed results do not have, or will not enter a relationship, partnership or affiliation with any laboratory that could create a conflict of interest or the appearance of a conflict of interest between the MRO and the laboratories.

3.6 The TPA must ensure that in the event of an issuance of a Public Interest Exclusion (PIE) involving a laboratory that analyzes specimens for a user agency, the contract administrator will be notified, and an alternative laboratory will be immediately assigned to the user agencies.

4.0 Medical Review Officer Services

4.1 The TPA must ensure that user agencies are provided with the services of a Medical Review Officer (MRO) who has met the qualification requirements per 49 CFR Part 40, as amended.

04/30/24

4.2 The TPA must ensure that all laboratory confirmed results are verified by a Medical Review Officer or MRO staff in accordance with 49 CFR Part 40, Subpart G, as amended.

4.3 The TPA must ensure that MRO staff are working directly under the supervision of a qualified and certified MRO.

4.4 The TPA must ensure that the MRO is accessible to communicate verbally with the donor a minimum of twelve hours per day; seven days per week, excluding national holidays.

4.5 The TPA must ensure that an MRO or MRO staff member reports verified positive, adulterated, or substituted drug test results verbally to the user agency’s DER on the same day, or next business day, following the MRO verification of the result and in accordance with 49 CFR Part 40, Subpart G, as amended.

4.6 The TPA must ensure that Medical Review Officers address significant safety concerns regarding a donor’s medication use or medical condition in accordance with 49 CFR Part 135 (e) and are available to speak with a prescribing physician up to five days following the interview with the donor.

4.7 The TPA must ensure that the Medical Review Officer is available to assist user agencies with expert testimony or depositions should an MRO verified result become the focus of litigation brought against a user agency. The TPA must not impose fees beyond the actual expenses incurred by the MRO while performing these services.

4.8 The TPA must ensure that in the event of an issuance of a Public Interest Exclusion (PIE) involving an MRO who provides services to user agencies, the contract administrator will be notified, and an alternative MRO will be immediately assigned.

5.0 Result Reporting and Record Maintenance

5.1 The TPA must ensure that drug test result reporting procedures are performed in accordance with the requirements of 49 CFR Part 40, Subpart G, as amended.

5.2 The TPA must ensure that MRO verified negative results are reported to user agencies as soon as possible following verification. It is generally expected that lab confirmed negative specimens will be reported within approximately 24-48 hours of the specimen’s arrival at laboratory.

5.3 The TPA must ensure that the MRO provides a written report following MRO verification of all results, that includes the following:

• Full name of donor as indicated on CCF.

• Specimen identification number.

• Donor identification number.

• Reason for testing (test type).

• Date of the collection.

• Date MRO received copy two of the CCF.

04/30/24

• Result of the test.

• Date result was verified by the MRO.

• If canceled, the reason for cancelation.

• If deemed a Refusal to Test, the reason for the refusal determination.

• If applicable, additional instruction regarding re-testing of donor.

5.4 The TPA must ensure that all result reports and associated records are not released to, or cannot be accessed by, any party other than the user agency’s primary or secondary contact, the contract administrator or designated representative.

5.5 The TPA must ensure that all reasonable procedures to protect personal data from unauthorized access, misuse, alteration, or disclosure by unauthorized parties are always executed and must include the use of data encryption software and secure servers.

5.6 The TPA must ensure that all testing records are maintained in a secure location that is safeguarded against theft, damage, and unauthorized access.

5.7 The TPA must ensure that all non-negative testing records are maintained and are accessible to user agencies, for a minimum of five years from date of collection.

5.8 The TPA must ensure that all negative testing records, are maintained and are accessible to user agencies, for a minimum of three years from date of collection.

6.0 Alcohol Testing Services

6.1 The TPA must establish and maintain a network of USDOT-qualified Screening Test Technicians (STT) and Breath Alcohol Technicians (BAT) throughout the state of Florida that are regularly and actively engaged in the business of conducting alcohol tests for DOT-covered employers. Alcohol testing must be conducted in accordance with 49 CFR Part 40, as amended.

6.2 The TPA must approve and assign each user agency, a minimum of two alcohol-testing sites that meet, at a minimum, the following criteria:

• Located within 25 miles of the user agency’s primary location.

• Perform DOT alcohol testing at least five days per week.

• Perform DOT alcohol testing at least eight hours, per operational day.

• Maintain the supplies necessary to perform DOT alcohol testing.

• Alcohol testing sites must be equipped to conduct DOT alcohol screening tests and confirmatory testing on site.

• Alcohol test technicians must utilize approved devices that are listed on the

National Highway Traffic Safety Administration’s conforming products list found on the ODAPC website.

• Breath Alcohol Technicians (BAT) must ensure that routine calibration and maintenance of the evidentiary breath testing devices are performed per

04/30/24 manufacturer’s instructions and demonstrate upon request that such calibration and maintenance was performed through documentation.

• Technicians must utilize the DOT Alcohol Testing Form, as amended.

6.3 In the rare event that the TPA cannot identify an alcohol testing site within the required parameters of Section 6.2, the TPA must provide on-site mobile collection services to the user agency at no additional charge, beyond the unit cost per test.

6.4 The TPA must provide each user agency a mobile alcohol testing resource for emergency, after-hours testing. The mobile services must be available 24 hours per day, seven days per week, including federal holidays.

• User agencies must be informed of the fees and surcharges prior to commencement of the mobile collector’s services.

6.5 The TPA must maintain training qualification documentation for all alcohol test technicians that are approved and assigned for use. The training qualification documentation must be provided to the user agency, a federal or state auditor, the contract administrator or a designated representative acting on behalf of the contract administrator upon request.

6.6 The TPA must ensure that alcohol test technicians maintain documentation of testing and all pertinent maintenance records, in accordance with 49 CFR Part 40, as amended.

6.7 The TPA must obtain, from the alcohol test technician, documentation of all completed alcohol tests for the purpose of maintaining accurate testing records and statistical reports for each user agency.

7.0 Random Testing Program Management

7.1 The TPA must generate random selections in accordance with the user agency’s applicable DOT agency rule (FTA or FMCSA) and at the appropriate rate to ensure that minimum annual random testing percentages are met, per user agency or consortium.

7.2 The TPA must provide instruction to user agencies to facilitate the submission of each user agency’s list of safety-sensitive employees to be included in the random testing program.

7.3 The TPA must allow for the submission of employee pools up to ten days prior to the first day of a new testing period. If the user agency has not submitted an updated list of current safety-sensitive employees ten days prior to a new testing period, the TPA must generate selections using the employee pool on record from the previous testing period.

7.4 The TPA must use a scientifically valid method of determining the randomly selected employees. All covered employees must have an equal chance of being selected each time a draw is made, in accordance with 49 CFR Part 655.45 and 382.305.

04/30/24

7.5 The TPA may draw “alternate” employee selections upon a user agency’s request, provided that the “alternate” employee names are generated as part of the initial draw for the testing period.

7.6 The TPA must deliver the random selection list to each user agency’s DER on the first business day of the new testing period in a secure manner which documents the date and time that the user agency’s DER received and/or accessed the selection list.

7.7 The TPA must provide access to the contract administrator, or a designated representative, the random testing selection lists (applicable to FTA-covered user agencies only).

8.0 Electronic Records Access

8.1 The TPA must provide and maintain a secure and password-protected, searchable web-based database from which user agencies may access their testing data and results by the following parameters:

• Reason for test

• Testing authority (FTA/FMCSA)

• Specimen type

• Specimen collection date

• MRO-verified test result

• Specimen ID

• Donor ID

• List of all testing conducted during a 12-month period.

8.2 The TPA must provide access to the electronic database as described in 8.1 to the contract administrator and designated representatives for the purpose of compliance oversight. Note: this requirement is applicable to FTA-covered user agency accounts only.

9.0 Audit Response and Support

9.1 If a user agency is subject to a drug and alcohol testing program compliance audit by a state or federal authority, the TPA must lend support to the user agency to include, at a minimum, the following functions:

• Assistance in obtaining copies of federal custody and control forms, DOT alcohol testing forms, memorandums, result certificates, service agent qualifications and certifications, statistical reports, and all other documents requested by auditors for the purpose of evaluating compliance to federal drug and alcohol testing regulations.

• Cooperation, coordination, and participation in state and federal audit interviews related to the practices, procedures and services provided as part of this Scope of Services.

04/30/24

• Cooperation, coordination and participation in the development and submission of audit responses related to the practices, procedures and services provided as part of this Scope of Services.

• Cooperation, coordination, and participation in the implementation of corrective action requirements related to the practices, procedures and services provided as part of this Scope of Services.

10.0 Employer Authorized (Non-DOT) Testing Services

10.1 The TPA must be able to provide, as a user agency option, non-DOT drug and alcohol testing services. NOTE: A unit cost proposal will not be required for this optional service. Pricing must be negotiated with user agencies as part of the individual purchase agreement.

11.0 Designated Point of Contact (POC)

11.1 To facilitate familiarity with each user agency’s DER and the user agency’s unique testing needs, the TPA must assign a POC for each user agency. The TPA may assign a POC per employer group. For example, one POC for FMCSA-covered employers and one POC for FTA-covered employers.

11.2 The POC must have a minimum of five years of experience demonstrating comprehensive knowledge of DOT drug and alcohol testing regulations and be able to provide accurate technical assistance and regulatory guidance to user agencies.

11.3 The POC must be available to provide user agency DERs with training related to the use of the TPA’s result reporting system, submittal of random pool updates and other tools used in the administration of the testing program.

11.4 The POC assigned to FTA-covered employers must attend the free FTA Annual Drug and Alcohol Program National Conference or free FTA One-Day Regional Seminar, at least once, during the contract term.

12.0 Invoicing Requirements

12.1 The TPA must establish independent billing accounts for each user agency.

12.2 The TPA must invoice user agencies directly for the testing the user agency has conducted monthly, in arrears.

12.3 The unit cost per test for a drug test will include the specimen collection, specimen analysis, medical review, and result reporting as well as all administrative functions as described within the Scope of Services.

12.4 The unit cost per test for an alcohol test will include the alcohol test technician’s fee and all associated administrative functions as described within the Scope of Services

12.5 The invoices must include the date of collection, specimen ID number, donor ID number and test type for each test being invoiced.

04/30/24

12.6 The TPA must notify the contract administrator or a designated representative of the intention to suspend a user agency’s testing account due to non-payment.

13.0 Timely Payment to Service Agents

13.1 TPA must ensure timely payment to service agents who have provided services to user agencies under the terms of this contract. Payment for specimen collections must be made within sixty days of the specimen collection. Payment for alcohol testing must be made no later than sixty days after TPA receives the DOT ATF from the technician.

EXHIBIT “B” PRICE PROPOSAL FORM

RFP Number: DOT-RFP-25-9009-CA

RFP Title: Third Party Administrative of US DOT Drug and Alcohol Testing Program Services

Services to be provided as specified in attached Exhibit “A”, Scope of Services.

Section I Drug Testing Services Statewide Unit Price

1. DOT Drug Testing Services

$_____________/test

Section II Alcohol Testing Services Statewide Unit Price

1. DOT Alcohol Testing Services

$_____________/test

NOTE:

Employer authorized drug and alcohol testing using customized testing panels (i.e., FL Drug-Free Workplace and NON-DOT testing, and/or expanded opiates) will be negotiated separately with each user agency choosing to purchase the optional product.

RENEWAL: see Special Condition 33).

NOTE: Unit Rates must be stated specifically in dollars and cents, NOT a percentage increase.

MFMP Transaction Fee: All payment(s) to the vendor resulting from this competitive solicitation WILL be subject to the MFMP Transaction Fee in accordance with the referenced Form PUR 1000 General Contract Condition #14. The Transaction Fees imposed shall be based upon the date of issuance of the payment.

NOTE: In submitting a response, the proposer acknowledges they have read and agree to the solicitation terms and conditions and their submission is made in conformance with those terms and conditions.

ACKNOWLEDGEMENT: I certify that I have read and agree to abide by all terms and conditions of this solicitation and that I am authorized to sign for the proposer. I certify that the response submitted is made in conformance with all requirements of the solicitation.

Proposer: FEID #

Address: City, State, Zip

Authorized Signature: Date:

Printed / Typed: Title:

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

DRUG-FREE WORKPLACE PROGRAM CERTIFICATION

375-040-18

PROCUREMENT

03/17

287.087 Preference to businesses with drug-free workplace programs. --Whenever two or more bids, proposals, or replies that are equal with respect to price, quality, and service are received by the state or by any political subdivision for the procurement of commodities or contractual services, a bid, proposal, or reply received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to have a drug-free workplace program, a business shall:

(1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.

(2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.

(3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1).

(4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction.

(5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted.

(6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.

Does the individual responding to this solicitation certify that their firm has implemented a drug-free workplace program in accordance with the provision of Section 287.087, Florida Statutes, as stated above?

YES

NO

NAME OF BUSINESS:

ANTICIPATED DBE PARTICIPATION STATEMENT

375-040-63

02/07

The Prime contractor is encouraged to complete this form and submit this form with your bid/price proposal/reply.

Submission of this form is not mandatory.

Procurement Number: DOT-RFP-25-9009-CA

Contractor's Name:

Contractor's FEID Number:

Is the prime contractor a Florida Department of Transportation Certified Disadvantaged Business Enterprise (DBE)?

( yes ) ( no )

Expected amount of contract dollars to be subcontracted to DBE(s): $

OR

It is our intent to subcontract % of the contract dollars to DBE(s). Listed below are the proposed DBE sub-contractors:

DBE (s) Name Type of Work/Specialty Dollar Amount/Percentage

Submitted by: Title:

(Type or Print)

Date:

Note: This information is used to track and report anticipated DBE participation in FDOT contracts. The anticipated DBE amount will not become part of the contractual terms.

BID OPPORTUNITY LIST FOR COMMODITIES & CONTRACTUAL

SERVICES

375-040-62

01/16

Prime Contractor:

Address/Phone Number:

Procurement Number: DOT-RFP-25-9009-CA

49 CFR Part 26.11 The list is intended to be a listing of all firms that are participating, or attempting to participate, on DOT-assisted contracts. The list must include all firms that bid on prime contracts, or bid or quote subcontracts and supplies materials on DOT-assisted projects, including both DBEs and non-DBEs. This list must include all subcontractors contacting you and expressing an interest in teaming with you on a specific DOT-assisted project. Prime contractors must provide information for Numbers 1, 2, 3 and 4, and should provide any information they have available on Numbers 5, 6, and 7 for themselves, and their subcontractors.

1. Federal Tax ID Number: 6. DBE 7. Annual Gross Receipts

2. Firm Name: Non-DBE Less than $1 million

3. Phone: Between $1 - $5 million

4. Address: Between $5 - $10 million Between $10 - $15 million More than $15 million

5. Year Firm Established:

3. Phone: Between $1 - $5 million

4. Address: Between $5 - $10 million Between $10 - $15 million

3. Phone: Between $1 - $5 million

4. Address: Between $5 - $10 million Between $10 - $15 million

3. Phone: Between $1 - $5 million

4. Address: Between $5 - $10 million Between $10 - $15 million

AS APPLICABLE, PLEASE SUBMIT THIS FORM WITH YOUR: BID SHEET (Invitation to Bid – ITB) PRICE PROPOSAL (Request for Proposal – RFP) REPLY (Invitation to Negotiate – ITN)

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-60

Florida Statutes VENDOR CERTIFICATION REGARDING PROCUREMENT

287.135 SCRUTINIZED COMPANIES LISTS OGC – 06/18

Respondent Vendor Name: _____________________________________________________

Vendor FEIN: ___________________

Vendor’s Authorized Representative Name and Title: ___________________________________

Address: ______________________________________________________________________

City: _____________________ State: _____________________________ Zip: ______________

Phone Number: ____________________________________

Email Address: _

Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of $1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes.

As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the section entitled “Respondent Vendor Name” is not listed on either the Scrutinized Companies with

Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List. I further certify that the company is not engaged in a boycott of Israel. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney’s fees, and/or costs.

Certified By: __________________________________________________________ who is authorized to sign on behalf of the above referenced company.

Authorized Signature Print Name and Title: _________________________________________

Date:

VENDOR CONTACT INFORMATION

Title: Third Party Administrative of US DOT Drug and Alcohol Testing Services

RFP Number: DOT-RFP-25-9009-CA

FEDERAL EMPLOYER IDENTIFICATION NUMBER (FEIN):

VENDOR:

ADDRESS:

CITY, STATE, ZIP:

TELEPHONE:

TOLL FREE NO.: FAX NO.:

E-MAIL:

SERVICE INFORMATION: DIRECT QUESTIONS TO:

NAME & TITLE:

ADDRESS:

CITY, STATE, ZIP:

TELEPHONE:

TOLL FREE NO.: FAX NO.:

E-MAIL ADDRESS:

WEB ADDRESS:

E-VERIFY

375-031-06

PROCUREMENT

OGC – 10/21

In accordance with the contract, the Vendor/Consultant/Contractor hereby acknowledges and certifies compliance with Section 448.095, Florida Statutes. The Vendor/Consultant/Contractor shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. The Vendor/Consultant/Contractor shall utilize the U.S. Department of Homeland Security’s E-Verify system, in accordance with the terms governing use of the system. The Vendor/Consultant/Contractor shall comply with Section 448.095, Florida Statutes, for the duration of the contract term, including any extensions or renewal periods.

Company/Firm:

Authorized Signature:

Title:

Date:

SPECIAL NOTE:

THIS FORM MUST BE COMPLETED BY THE INTENDED AWARDED VENDOR PRIOR TO CONTRACT

EXECUTION. IT DOES NOT NEED TO BE SUBMITTED BACK TO THE DEPARTMENT, AT THIS TIME, BY VENDORS RESPONDING TO THIS INVITATION TO BID.

Contract No:

Financial Project No(s):

Project Description: Third Party Administrative of US DOT Drug and Alcohol Testing Program Services

I N T R O D U C T I O N S E C T I O N

1) INVITATION

The State of Florida Department of Transportation, hereinafter referred to as the “Department”, requests written proposals from qualified Proposers to provide comprehensive drug and alcohol testing administrative services for US DOT regulated transportation providers throughout the State of Florida. It is anticipated that the term of the contract will begin on January 1, 2025, and be effective through

December 31, 2027.

The Department intends to award this contract to the responsive and responsible Proposer whose proposal is determined to be the most advantageous to the Department. After the award, said Proposer will be referred to as the “Vendor”. For the purpose of this document, the term "Proposer" means the prime Vendor acting on its own behalf and those individuals, partnerships, firms, or corporations comprising the Proposer team. The term "proposal" means the complete response of the Proposer to the

Request for Proposals (RFP), including properly completed forms and supporting documentation.

2) TIMELINE

Provided below is a list of critical dates and actions. These dates are subject to change . Notices of changes (Addenda) will be posted on the Florida Vendor Information Portal at https://vendor.myfloridamarketplace.com/(click on “Search Advertisements”) under this RFP number. It is the responsibility of all potential proposers to monitor this site for any changing information prior to submitting your proposal.

ACTION / LOCATION DATE LOCAL TIME

DEADLINE FOR TECHNICAL QUESTIONS - 08-09-2024 05:00 PM EST

(There is no deadline for administrative questions)

PROPOSALS DUE, ON OR BEFORE 08-21-2024 9:00 AM EST

(Technical and Price Proposal) Florida Department of Transportation Central Procurement Office Attn: Cassandra Anderson, Procurement Agent CO.Purch@dot.state.fl.us

PUBLIC OPENING (Proposals) 08-21-2024 10:00 AM EST

Florida Department of Transportation 605 Suwannee Street Tallahassee, Florida 32399-0450

SELECTION MEETING/INTENDED AWARD 09-10-2024 9:00 AM EST

Florida Department of Transportation 605 Suwannee Street

Tallahassee, Florida 32399-0450

POSTING OF INTENDED AWARD 09-10-2024

3) AGENDA FOR PUBLIC MEETINGS

Agenda – Public Opening (Mandatory Qualifications and Technical Proposals) Agenda for Public Opening of Mandatory Qualifications and Technical Proposals for DOT-RFP-25-9009-CA:

Starting Time: see “Timeline” in RFP solicitation.

mailto:CO.Purch@dot.state.fl.us

- Opening remarks of approx. 2 minutes by Department Procurement Office personnel.

- Public input period – To allow a maximum of 15 minutes total for public input related to the

RFP solicitation.

- At conclusion of public input or 15 minutes, whichever occurs first, the Mandatory

Qualifications and Technical Proposals received timely will be opened, with proposer’s name read aloud and tabulated. Price proposals will be kept secured and unopened until the Price Proposal Opening.

- Adjourn meeting.

Agenda – Price Proposal Opening & Intended Award Meeting Agenda for Intended / Recommended Award meeting for DOT-RFP-25-9009-CA:

Starting Time: see “Timeline” in RFP solicitation.

- Opening remarks of approx. 2 minutes by Department Procurement Office personnel.

- Public input period – To allow a maximum of 15 minutes total for public input related to the

RFP solicitation.

- At conclusion of public input or 15 minutes, whichever occurs first, the Technical evaluation scores will be summarized.

- Announce the firms that did not pass the mandatory qualifications (if applicable).

- Open the firms prices that received “Pass” on the mandatory qualifications.

- Calculate price scores and add to technical scores to arrive at total scores.

- Announce Proposer with highest Total Score as Intended Award.

- Announce time and date the decision will be posted on the Vendor Information Portal

(VIP).

- Adjourn.

4) SPECIAL ACCOMMODATIONS

Any person with a qualified disability requiring special accommodations at a pre-proposal conference, public meeting, oral presentation and/or opening shall contact the contact person at the phone number, e-mail address on the title page at least five (5) working days prior to the event. If you are hearing or speech impaired, please contact this office by using the Florida Relay Services which can be reached at

1 (800) 955-8771 (TDD).

S P E C I A L C O N D I T I O N S

1) MyFloridaMarketPlace

PROPOSERS MUST BE REGISTERED IN THE STATE OF FLORIDA’S MYFLORIDAMARKETPLACE

SYSTEM BY THE TIME AND DATE OF THE TECHNICAL PROPOSAL OPENING OR THEY MAY BE

CONSIDERED NON-RESPONSIVE (see Special Condition 21). All prospective proposers that are not registered should go to https://vendor.myfloridamarketplace.com/ to complete on-line registration, or call 1-866-352-3776 for assisted registration.

All payment(s) to the vendor resulting from this competitive solicitation WILL be subject to the MFMP Transaction Fee in accordance with the referenced Form PUR 1000 General Contract Condition #14.

The Transaction Fees imposed shall be based upon the date of issuance of the payment.

2) Florida Department of Financial Services (DFS) W-9 REQUIREMENT

The Florida Department of Financial Services (DFS) requires all vendors that do business with the state to submit an electronic Substitute Form W-9. Vendors must submit their W-9 forms electronically at https://flvendor.myfloridacfo.com to receive payments from the state. Contact the DFS Customer Service Desk at (850) 413-5519 or FLW9@myfloridacfo.com with any questions.

https://flvendor.myfloridacfo.com/ mailto:FLW9@myfloridacfo.com

3) QUESTIONS & ANSWERS

In accordance with section 287.057(25), Florida Statutes, respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents.

Violation of this provision may be grounds for rejecting a response.

Any technical questions arising from this Request for Proposal must be forwarded, in writing, to the procurement agent identified below. Questions must be received no later than the time and date reflected on the Timeline. The Department’s written response to written inquiries submitted timely by proposers will be posted on the Florida Vendor Information Portal at https://vendor.myfloridamarketplace.com/(click on “Search Advertisements”), under this RFP number. It is the responsibility of all potential proposers to monitor this site for any changing information prior to submitting their proposal.

WRITTEN TECHNICAL QUESTIONS should be submitted to:

Cassandra Anderson, Procurement Agent CO.Purch@dot.state.fl.us

4) ORAL INSTRUCTIONS / CHANGES TO THE REQUEST FOR PROPOSAL (ADDENDA)

No negotiations, decisions, or actions will be initiated or executed by a proposer as a result of any oral discussions with a State employee. Only those communications which are in writing from the Department will be considered as a duly authorized expression on behalf of the Department.

Notices of changes (Addenda) will be posted on the Florida Vendor Information Portal at https://vendor.myfloridamarketplace.com/ (click on “Search Advertisements”) under this RFP number. It is the responsibility of all potential proposers to monitor this site for any changing information prior to submitting your proposal. All Addenda will be acknowledged by signature and subsequent submission of

Addenda with proposal when so stated in the Addenda.

5) DIVERSITY ACHIEVEMENT

DISADVANTAGED BUSINESS ENTERPRISE (DBE) UTILIZATION

The Department, in accordance with Title VI of the Civil Rights Act of…