9020 - Solicitation Document 1.pdf

RFPSHELL. 8/29/2025

State of Florida Department of Transportation

REQUEST FOR PROPOSAL

Controlled Substances and Alcohol Use Testing

DOT-RFP-27-9020-JM

CONTACT FOR QUESTIONS:

Jocelyn Moore, Procurement Agent CO.Purch@dot.state.fl.us

Phone: 850-414-4482 605 Suwannee Street, Mail Station 20

Tallahassee, Florida 32399-0450

State of Florida Department of Transportation Central Procurement Office

605 Suwannee Street, MS 20 Tallahassee, Florida 32399-0450

REQUEST FOR PROPOSAL REGISTRATION

PLEASE COMPLETE AND RETURN THIS FORM ASAP

E-MAIL TO JOCELYN MOORE AT CO.Purch@dot.state.fl.us

RFP Number: DOT-RFP-27-9020-JM

Title: Controlled Substances and Alcohol Use Testing

Proposal Due Date & Time (On or Before): Wednesday, November 4, 2026 @ 9:00AM 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 Jocelyn Moore at CO.Purch@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:

Jocelyn Moore, Procurement Agent CO.Purch@dot.state.fl.us

EXHIBIT “A” – SCOPE OF SERVICES

DOT-RFP-27-9020-JM

1.0 Purpose and Objective

Effective January 1, 1995, the Federal Motor Carrier Safety Administration (FMCSA) requires the Florida Department of Transportation (Department), as a State agency engaged in intrastate transport, to maintain an alcohol use and controlled substances testing program for employees (or contracted drivers) who operate a commercial motor vehicle and are required to be in possession of a commercial driver license (CDL). The Department is an employer as defined in the Federal Highway Administration (FHWA) Regulation 49 CFR Section 382.103.

1.1 Two different groups of employees and job applicants will be covered. These groups, and the types of tests the vendor shall be responsible for performing for the respective groups are as follows:

A. Department employees who operate a commercial motor vehicle and are required to be in possession of a CDL:

Pre-employment testing

Random testing

Reasonable suspicion testing

Post-accident testing

Return-to-duty testing

Follow-up testing

B. All other Department employees and job applicants under Section 112.0455, Florida Statutes (F.S.):

Job applicant testing: (safety-sensitive positions or “Mandatory-testing positions” as determined by the Florida Department of Management Services)

Reasonable suspicion testing

Follow-up testing

1.2 Controlled substances and alcohol use testing for CDL drivers shall be conducted under and in compliance with the provisions of the Omnibus Transportation Employees Testing Act of 1991; United States Department of Transportation (USDOT) Regulation 49 CFR Part 40;

FHWA Regulation 49 CFR Part 382, et. al.; and any subsequent amendments to the aforementioned Federal law or regulations.

1.3 All other controlled substances (drug) and alcohol use testing must be performed under the State's provisions contained in Section 112.0455, F.S., the "Drug-Free Workplace Act"; and the provisions of Agency for Health Care Administration (AHCA) Rule 59A-24, Florida Administrative Code (F.A.C.); and any subsequent amendments to the aforementioned State statute or rules.

1.4 As part of the implementation and maintenance of a controlled substances and alcohol use testing services program for all CDL drivers under FMCSA Rule 49 CFR Part 382, et. al. and all other Department employees under Section 112.0455, F.S., the Department must procure third-party (out-of-house) controlled substances and alcohol use testing program

Exhibit “A” – Scope of Services management services (hereinafter "vendor"). The requirements and services to be provided are listed in Sections 2, 4 and 5.

1.5 The vendor may subcontract portions of the controlled substances and alcohol use testing program to other companies (entities) upon prior approval of the Department. The subcontractor's entity and qualifications must meet the Federal and State requirements cited in Subsections 1.2 and 1.3, and such information must be supplied in the proposal. The vendor shall also list the specific services to be provided by the subcontractor.

2.0 Technology Requirements

2.1. Technology requirements:

A. A toll-free contact telephone number B. After hours contact procedures that include a response time of no greater than 30 minutes for emergency calls C. Secure electronic mail communication D. Company website that meets the following standards:

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

Provides contract administrator and/or designated representative with access to user agency account data.

Servers that are able to process data without interruption in service

Equipped with data encryption software.

Equipped with a fool proof backup system that will retain data in accordance with record retention periods per 49 CFR Parts 40, 655 and 382.

3.0 Definitions

The following words and phrases, when used in this Scope, shall have the following meanings:

A. "Collection Site" shall mean a facility where urine specimens are collected and delivered to a laboratory to be analyzed for drugs of abuse.

B. "Department" shall mean the Florida Department of Transportation.

C. "HHS" shall mean the Department of Health and Human Services, the agency that certifies laboratories as qualified to perform DOT drug testing.

D. "USDOT" shall mean the U.S. Department of Transportation.

E. "FMCSA" shall mean the Federal Motor Carrier Safety Administration.

F. "Federal Motor Carrier Safety Administration regulations" shall mean 49 CFR Part 382, as amended.

G. "MRO" shall mean Medical Review Officer who is a licensed physician with knowledge of substance abuse disorders who has appropriate medical training to interpret and evaluate drug test results in accordance with provisions of 49 CFR Part 40.

H. "Florida Drug Free Workplace Testing" shall refer to Section 112.0455 F.S., the "Drug-Free Workplace Act"; and the provisions of the Agency for Health Care Administration (AHCA) Rule 59A-24, Florida Administrative Code (F.A.C.).

I. "Split Sample" shall mean a single void of urine separated in two bottles. As per 49 CFR Part 40.3.

J. II "USDOT regulations" shall mean 49 CFR Part 40, as amended.

4.0 Controlled Substances and Alcohol Use Testing Program Management Requirements

4.1 Collection Sites:

4.1.1 The vendor must provide collection sites operating from 7:00 a.m. to 5:00 p.m. Monday through Friday, where available. The vendor must provide contracted services out of State when requested. After-hour services, including weekends and legal holidays, may be required on an emergency basis. The vendor must indicate how these situations will be handled.

4.1.2 Collection sites, collectors and breath alcohol technicians (BAT) shall be responsible to the vendor for adhering to collection procedures and chain of custody procedures as required in USDOT Regulation 49 CFR subsection 40.25 and AHCA (HRS) Rule section 59A-24.005, F.A.C.

Federally-mandated breath alcohol testing must comply with the procedures for alcohol testing contained in the amended 49 CFR Part 40 entitled "Procedure for Transportation Workplace Drug and Alcohol Testing."

4.1.3 Both federally mandated screening and confirmation tests for alcohol must be performed by a properly trained BAT using only evidential breath testing (EBT) devices on the National Highway Traffic Safety Administration's (NHTSA) Conforming Products List (CPL). The vendor shall ensure at a minimum that USDOT 49 CFR Part 40 training requirements for BATs and calibration requirements for EBT devices are met. The vendor must indicate how breath alcohol testing compliance, administration and certification will be managed for these tests and breath alcohol technicians.

4.1.4 State-mandated (non-CDL drivers) initial and conformation tests for alcohol must be performed in accordance with the provisions of AHCA Rule section 59A-24.004, F.A.C. and related rule sections.

4.2 Drug Testing Laboratory

4.2.1 The drug testing laboratory must be certified under the HHS "Mandatory Guidelines for Federal Workplace Drug Testing Programs" 53 FR 11970, April 11, 1988, and subsequent amendments.

The HHS agency that certifies drug testing laboratories is the Substance Abuse and Mental Health Services Administration (SAMHSA). The contracted drug testing laboratory must maintain SAMHSA certification during the duration of the agreement.

4.2.2 In addition the SAMHSA certified laboratory must be licensed to do business in the State of Florida and be a facility licensed by AHCA under the provisions of Chapter 483, F.S. and AHCA Rule 59A-24, F.A.C. The drug testing laboratory must maintain its AHCA license and comply with all AHCA testing procedures and reporting requirements contained in 59A-24

F.A.C during the duration of the agreement. Out of State Labs must be licensed in the State in which they operate and be SAMHSA certified.

4.2.3 For the controlled substances and alcohol use testing of CDL drivers, the drug testing laboratory must comply with all chemical (drug) testing requirements contained in USDOT regulation 49 CFR Part 40 and any subsequent amendments. This regulation known as the "Procedures for Transportation Workplace Drug Testing Programs", stipulates drug testing requirements in areas such as:

A. Preparation and use of a chain of custody form (Subsection 40.40);

B. Specimen collection procedures (Subpart E – Subsections 40.61 through 40.79);

C. Medical Review Officer (Subpart G - Subsections 40.121 through 40.125);

D. Laboratory analysis procedures (Subpart F - Subsection 40.83);

E. Pre-established cutoff levels (Subsections 40.85 and 40.91);

F. Quality assurance and quality control (Subsection 40.86 through 40.88);

G. Reporting and reviewing of test results (Subsection 40.97); and H. Protection (confidentiality) of employee records (Subpart P – Subsections 40.321 through

40.331 ).

I. Alcohol Testing (Subpart L- Subsections 40.241 through 40.247).

4.2.4 For the controlled substances and alcohol use testing of all other Department employees under Section 112.0455, F.S., the drug testing laboratory must comply with the drug testing requirements contained in Section 112.0455, F.S. and AHCA Rule 59A-24, F.A.C. and any subsequent amendments or revisions.

4.3 Medical Review Officer

4.3.1 The Medical Review Officer (MRO) must be a dedicated employee of the provider selected (or subcontractor with vendor) and shall be a licensed physician with knowledge of substance abuse disorders, laboratory testing procedures and chain of custody collection procedures.

4.3.2 The MRO shall be knowledgeable in the medical use of prescription drugs and in the pharmacology and toxicology of illicit drugs.

4.3.3 The MRO shall have the appropriate medical training to interpret and evaluate an individual's positive test result together with his or her medical history or any other biomedical information.

4.3.4 The MRO must meet the medical review officer qualification requirements contained in USDOT Regulation 49 CFR 40 Subpart G; Section 112.0455, F.S.; AHCA Rule subsection 59A-24.008, F.A.C.; and any subsequent amendments or revisions.

4.3.5 The MRO shall not be an employee of, or have a financial interest in, the contracted drug testing laboratory. The MRO shall not have any responsibility for, or be supervised by or be the supervisor of, any persons who have responsibility for the drug testing or quality control of the contracted drug testing laboratory.

4.3.6 The MRO shall be certified by one or more of the two recognized MRO authorities. These are the American Association of Medical Review Officers and Medical Review Officer Certification Counsel.

4.4 Substance Abuse Professional

4.4.1 Substance abuse professional (SAP) means a licensed physician (Medical Doctor or Doctor of Osteopathy), or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the Florida Certification Board) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substances related disorders.

4.4.2 The MRO may perform the duties and responsibilities of the SAP.

5.0 Services to be provided by Vendor

5.1 Collection Sites:

5.1.1 The vendor shall provide at least one collection site located in each of the State's 67 counties or in rural areas, no more than thirty miles from the Department facility requesting the urine sample collection and/or alcohol use testing. The vendor shall provide at least two collection sites in Broward, Dade, Duval, Hillsborough, Orange, Palm Beach and Pinellas counties.

Collection sites in urban areas shall be no more than fifteen miles from the Department facility requesting the urine sample collection and/or alcohol use testing. Additional collection sites may be added as warranted during the life of the contract.

5.1.2 The vendor will maintain a detailed listing of all collection sites including Breath Alcohol Testing Sites (BATS) proposed to be used state-wide. These collection sites and BATS must be mutually agreed to between the Department and the vendor before the collection site and/or BATS can become a permanent collection site or BATS for the contract period. The vendor will provide an updated list of Collection Sites and BATS to the Department annually.

5.1.3 For both screening (initial) and confirmation breath alcohol testing, the vendor shall use Evidential Breath Alcohol Test (EBAT) devices which have the capability of providing, independently or by direct link to a separate printer, a printed result as specified in USDOT Subsections 49 CFR Part 40.229 and 40.231.

5.1.3.1 EBAT devices shall be capable of assigning a unique and sequential number to each completed test, with the number capable of being read by the Breath Alcohol Technician (BAT) and the employee before each test and being printed out on each copy of the result.

5.1.3.2 EBAT devices shall be capable of printing out, on each copy of the result, the manufacturer's name for the device, the device's serial number, and the time of the test.

5.1.3.3 EBAT devices shall be able to distinguish alcohol from acetone at the 0.02 alcohol concentration level. EBTs shall be capable of testing an air blank prior to each collection of breath and performing an external calibration check.

5.1.4.1 The vendor shall ensure that breath alcohol testing is conducted in a location that affords visual and aural privacy to the individual being tested, sufficient to prevent unauthorized persons from seeing or hearing test results. All necessary equipment, personnel, and materials for breath testing shall be provided at the location where testing is conducted.

5.1.4.2 The vendor shall ensure that no unauthorized persons are permitted access to the testing location when the EBT remains unsecured or, in order to prevent such persons from seeing or hearing a testing result, at any time when testing is being conducted.

5.1.4.3 In unusual circumstances (e.g., when it is essential to conduct a test outdoors at the scene of an accident), a test may be conducted at a location that does not fully meet the requirements of USDOT Subsection 49 CFR Part 40.221 In such a case, the vendor shall ensure the BAT provides visual and aural privacy to the CDL driver or employee to the greatest extent practicable.

5.1.4.4 The vendor shall ensure that the BAT supervises only one individual's use of the EBT at a time. The BAT shall not leave the alcohol testing location while the testing procedure for a given individual (see USDOT Subsections 49 CFR Part 40.221 and 40.223) is in progress.

5.1.5 Overnight transportation for all urine or blood specimens to the appropriate testing laboratory via certified courier shall be required. In all cases, Federal and State required chain of custody must be maintained and properly documented.

5.2 Drug Testing Laboratory

5.2.1 The drug testing laboratory shall provide both initial (screening) tests and confirmatory tests for the following five (5) drugs and their metabolites (Substance Abuse HHS (NIDA) Panel 5 drug screen) conducted in accordance with USDOT Regulations 49 CFR Part 40 for CDL drivers; and Section 112.0455, F.S. for all other Department employees:

A. Cannabinoids (Marijuana) (THC) B. Cocaine C. Opiates (including heroin) D. Amphetamines E. Phencyclidine (PCP)

5.2.2 The drug testing laboratory shall provide breath alcohol testing for evidence of alcohol use, provided such testing in the case of an accident isn't accomplished by or at the direction of the investigating law enforcement agency.

5.2.3 In the case of all other Department employees and CDL drivers, when not engaged in the safety-sensitive function, such blood alcohol testing shall be in accordance with Section 112.0455, F.S.

and AHCA Rule 59A-24, F.A.C. The cutoff levels for such blood alcohol tests are contained in Subsection 59A-24.006(4)(e) and (f) and any subsequent amendment.

5.2.4 The drug testing laboratory shall ensure that all chemical (drug) testing requirements, functions and procedures such as specimen collection; specimen transport and storage, laboratory analysis, review and reporting; quality control; and protection (confidentiality) of donors records are conducted, handled and processed in accordance with the provisions of USDOT Regulation 49 CFR Part 40; Section 112.0455, F.S.; AHCA Rule 59A-24, F.A.C.; and any subsequent amendments or revisions.

5.2.5 The drug testing laboratory shall report all test results to the designated MRO within five (5) working days after receipt of the specimen by the laboratory. Before any test result is reported out of the drug testing laboratory to the MRO (the results of initial tests, confirmation tests or quality control data), it shall be reviewed by the individual responsible for day-to-day operations and the test certified as an accurate report.

5.2.6 The drug testing laboratory shall report as negative to the MRO all specimens which are negative on the initial test or negative on the confirmation test. Only specimens which are confirmed as positive on the confirmation test shall be reported as positive to the MRO for a specific drug.

5.2.7 The drug testing laboratory shall provide detailed quantification of initial and confirmed test results upon request from the MRO. The drug testing laboratory may transmit results to the MRO by various electronic means (such as facsimile or computer) in a manner designed to ensure confidentiality of the information. The drug testing laboratory and the MRO must ensure the security of the data transmission and restrict access to any data transmission, storage, and retrieval system to only those individuals authorized to obtain such information.

5.2.8 In accordance with the requirements of AHCA Rule Subsection 59A-24.006(4)(g)6, F.A.C., the drug testing laboratory shall provide to the Department's Designated Employer Representative (DER) and HHS a monthly statistical summary of the testing of employees and job applicants so that adequate blind samples may be submitted by MICA. The summary shall not include any personal identifying information on the specimen donors.

5.2.9 The drug testing laboratory shall maintain all written records pertaining to a given specimen for a minimum of five (5) years. In addition, the drug testing laboratory shall maintain the written documents for any specimen under legal challenge for an indefinite period.

5.2.10 A laboratory toxicology director shall be available to testify in an administrative, disciplinary or court proceeding involving an employee or job applicant when that proceeding is based on a positive confirmed test result which was analyzed and reported by the drug testing laboratory.

5.2.11 The drug testing laboratory shall provide the HHS approved chain of custody forms and collection kits necessary to implement the Department's drug testing program under this contractual services agreement.

5.3 Medical Review Officer

5.3.1 The MRO shall evaluate the drug test result(s), which is reported out by the contracted drug testing laboratory. The MRO shall verify by checking the chain of custody form that the specimen was collected, transported, and analyzed under proper procedures, as specified in USDOT Regulation 49 CFR Part 40 and AHCA Rule 59A-24, F.A.C.

5.3.2 The MRO shall determine if any alternative medical explanations caused a positive test result.

This determination could include conducting a medical interview with the individual donor (CDL driver, employee or job applicant), review of the individual's medical history, or the review of any other relevant bio-medical factors. The MRO shall not consider the results of samples or specimens that are not obtained or processed in accordance with the provisions of USDOT Regulation 49 CFR Part 40 and AHCA Rule 59A-24, F.A.C.

5.3.3 Verification of Negative Test Results

5.3.3.1 The MRO's review of negative test results is administrative only.

5.3.3.2 The MRO shall receive and review the negative test result(s) from the drug testing laboratory contracted by the vendor and verify the laboratory report by checking the chain of custody form for required signatures, procedures, and information.

5.3.3.3 The MRO shall ensure that the individual donor's specimen identification number on the laboratory test report (copy 2 and 3) and on the chain of custody form which was sent to the MRO by the collection site (copy 4) accurately identifies the individual with the negative test result.

5.3.3.4 The MRO shall notify the Department through the Department’s DER of the negative test result and appropriately file the chain of custody form under confidential procedures for a period of one year. The MRO shall make a good faith effort to provide such notification within 72 hours of receipt of a negative test result from the contracted laboratory. No statistical information shall identify the name of the individual who was tested.

5.3.4 Verification of Positive Test Results

5.3.4.1 The MRO shall receive and review the positive test result(s) from the contracted drug testing laboratory and verify the laboratory report by checking the chain of custody form required signatures, procedures, and information.

5.3.4.2 The MRO shall ensure that the individual donor's specimen identification number on the laboratory test report and on the chain of custody form which was sent to the MRO by the collection site accurately identifies the individual with the positive test result.

5.3.4.3 The MRO shall notify the individual donor of a confirmed positive test result, within three days of receipt of the test result from the contracted drug testing laboratory and inquire as to whether prescriptive or over-the-counter medications could have caused the positive test result.

5.3.4.4 Within five days of notification to the individual donor of the positive test result, the MRO shall confidentially provide an opportunity for the individual donor to discuss the positive test result.

A staff person under the MRO's supervision may make the initial contact with the individual donor. A medically licensed or certified staff person (nurse, physician's assistant, emergency medical technician) may obtain information related to the drug test result from the individual donor. Said donor may submit documentation of any prescriptions, personal medical history, or other bio-medical factors relevant to the positive test result. Except as identified in Subparagraph 5.3.4.6 below, the MRO must talk directly with the individual donor before verifying a drug test as positive.

5.3.4.5 The MRO shall review any medical records provided by the individual donor or authorized by said donor and released by the individual's physician, to determine if the positive test result was caused by a legally prescribed medication. If the individual donor does not have prescribed medication, the MRO shall inquire about over-the-counter medications which could have caused the positive test result. The individual donor shall be responsible for providing all necessary documentation, (i.e., a doctor's report, signed prescription, etc.) within the five-day period after notification of the positive test result.

5.3.4.6. The MRO may verify a confirmed positive drug test result or refusal to test without having communicated directly with the individual donor about the test result in the following circumstances:

A. The individual donor refuses to discuss the drug test result;

B. The DER has successfully made and documented contact with the individual donor, directing him or her to contact the MRO, and more than 72 hours have passed with no contact having been made by the individual donor with the MRO; or

C. Neither the DER nor the MRO have been able to contact the individual donor, and more than ten (10) days have passed from the date the MRO receives the confirmed test results from the laboratory in accordance with the provisions of USDOT Regulation 49 CFR Part 40.133.

5.3.5 Medical Review Officer Contacts Positively Tested Donors

5.3.5.1 If the MRO is unable to contact a positively tested donor within 72 hours of receipt of the test results from the contracted laboratory, the MRO shall contact the DER and request that he or she direct the individual donor to contact the MRO as soon as possible. If the MRO has not been contacted by the individual donor within 72 hours of the DER’s successful contact of the donor, the MRO shall verify the report as positive.

5.3.5.2 As a safeguard to CDL drivers, employees and job applicants, once an MRO verifies a positive test result, the MRO may change the verification of the result if the individual donor presents information to the MRO which documents that a serious illness, injury, or other circumstance unavoidably prevented the individual from contacting the MRO within the specified time frame and if the individual donor presents information concerning a legitimate explanation for the positive test result.

5.3.5.3 If the individual donor declines to talk with the MRO regarding a positive test result, the MRO shall validate the result as positive and annotate such decline in the remarks section of the chain of custody form.

5.3.6 Identification of Individual Donor

Prior to providing a CDL driver, employee or job applicant (individual donor) with the opportunity to discuss a test result, the MRO shall confirm the identity of such individual donor.

To confirm the identity of the donor, the MRO shall ask the individual donor to respond with the following information:

A. If the request is in person, the MRO shall request picture identification.

B. If the request is over the telephone, the MRO shall request:

An employee’s identification number or social security number;

Date of birth;

Employer's name; and

Work telephone number

5.3.7 Information for Donor

Once the individual donor's identification has been established, and before any additional information is solicited from the said donor, the MRO shall:

A. Inform the individual donor that the MRO is an agent of the Department with responsibility to make a determination on the drug test result and report it to the Department;

B. Inform the individual donor that any medical information revealed during the MRO's inquiry will be kept confidential; unless the individual donor is in a safety sensitive position and the MRO believes that such information is relevant to the safety of the individual donor or to the safety of others. Any additional release of information shall be released solely pursuant to a written consent form signed voluntarily by the individual donor, except where such release is compelled by a hearing officer or a court of competent jurisdiction pursuant to an appeal, or where deemed appropriate by a professional or occupational licensing board in a related disciplinary proceeding;

C. Outline the rights and procedures for a test of the split sample; and

D. If the individual donor voluntarily admits to the use of the drug in question without a proper prescription, the MRO shall advise the donor that a verified positive test result will be sent to the Department.

5.3.7.1 Since the Department shall be using the split sample method of collection, the MRO shall notify each employee who has a confirmed positive test that the individual donor has 72 hours in which to request a test of the split specimen, if the test is verified as positive. If the individual donor requests an analysis of the split specimen within 72 hours of having been informed of a verified positive test, the MRO shall direct, in writing, the contracted drug laboratory to provide the split specimen to another HHS-certified laboratory for analysis. If the analysis of the split specimen fails to reconfirm the presence of the drug(s) or drug metabolite(s) found in the primary specimen, or if the split specimen is unavailable, inadequate for testing or untestable, the MRO shall cancel the test and report cancellation and the reasons for it to the USDOT, the Department, AHCA, and the individual donor.

5.3.7.2 If an individual donor has not contacted the MRO within 72 hours, as provided above, the employee may present to the MRO information documenting that serious illness, injury, inability to contact the MRO, lack of actual notice of the verified positive test, or other circumstances unavoidably preventing the employee from timely contacting the MRO. If the MRO concludes that there is a legitimate explanation for the employee's failure to contact the MRO within 72 hours, the MRO shall direct that the reanalysis of the primary specimen or analysis of the split specimen, as applicable, be performed.

5.3.7.3 Since the Department is using the split sample method of collection, the individual donor is not authorized to request a reanalysis of the primary specimen.

5.3.8 Verification for Opiate Positive Test Results

Prior to verifying a confirmed positive result for opiates, the MRO shall determine that there is clinical evidence, in addition to the urine test result, of unauthorized use of any opium, opiate, or opium derivative (e.g. morphine/codeine). Clinical evidence may be obtained from a medical history and/or physical examination. An admission of unauthorized use of an opiate product is sufficient for verification of a positive result. If the GC/MS confirmation testing identified the presence of 6-monoacetyl-morphine, no additional clinical evidence is necessary for verification.

5.3.9 The MRO shall notify the Department in writing, through the DER of the verified test result and appropriately file the chain of custody forms under confidential procedures for five years.

5.3.9.1 The MRO shall not declare a confirmed positive as verified, until the MRO receives the hard copies of the original chain of custody forms (Laboratory Copy and Split Specimen Copy, if required, from the drug testing laboratory and MRO Copy from the collection site).

5.3.9.2 The MRO may transmit results to the DER by various electronic means (such as facsimile or computer) in a manner designed to ensure confidentiality of the information. The MRO must ensure the security of the data transmission and restrict access to any data transmission, storage, and retrieval system to only those individuals authorized to obtain such information.

5.4 Substance Abuse Professional

5.4.1 The substance abuse professional (SAP) shall evaluate each CDL driver who engages in conduct prohibited by FMCSA Regulation 49 CFR Part 382, Subpart B. The SAP shall determine what assistance, if any, the CDL driver needs in resolving problems associated with alcohol misuse and controlled substances use.

5.4.2 The SAP and vendor shall ensure that before a CDL driver returns to duty requiring the performance of a safety-sensitive function after engaging in conduct prohibited by FMCSA Regulation 49 CFR Part 382, Subpart B, the CDL driver has undergone a return-to-duty breath alcohol test with a result indicating an alcohol concentration of less than 0.02 if the conduct involved alcohol.

5.4.3 The SAP shall monitor and evaluate the progress of each CDL driver identified as needing assistance in resolving problems associated with alcohol misuse or controlled substances use to determine that the CDL driver has properly followed any prescribed rehabilitation program.

5.4.4 The SAP shall ensure that the CDL driver identified as needing assistance, is subject to unannounced follow-up controlled substances and/or alcohol tests following the driver's return to duty.

5.4.4.1 The number and frequency of such follow-up testing shall be as directed by the SAP and consist of at least six tests in the first 12 months following the CDL driver's return to duty.

5.4.4.2 The Department may direct the CDL driver to undergo return-to-duty and follow-up testing for both alcohol and controlled substances, if the substance abuse professional (SAP) determines that return-to-duty and follow-up testing for both alcohol and controlled substances is necessary for that particular driver.

5.4.4.3 Any such testing shall be performed in accordance with the requirements of USDOT Regulation 49 CFR Part 40. Follow-up testing shall not exceed 60 months from the date of the CDL driver's return to duty.

5.4.4.4 The SAP may terminate the requirement for follow-up testing at any time after the first six tests have been administered, if the SAP determines that such testing is no longer necessary.

5.4.5 The choice of SAP and assignment of costs associated with any prescribed rehabilitation program shall be made in accordance with the Department's Drug-Free Workplace and employee assistance policies.

5.4.6 The vendor shall ensure that a SAP who determines that a CDL driver requires assistance in resolving problems with alcohol misuse or controlled substances use does not refer the CDL driver to the SAP's private practice or to a person or organization from which the SAP receives remuneration or in which the SAP has a financial interest. This does not prohibit a SAP from referring a CDL driver for assistance provided through:

A. A public agency, such as a State, county, or municipality;

B. An entity or a person under contract to provide treatment for alcohol or controlled substance problems on behalf of the Department;

C. The sole source of therapeutically appropriate treatment under the CDL driver'slhealth insurance program; or

D. The sole source of therapeutically appropriate treatment reasonably accessible to the CDL driver.

5.4.7 The requirements with respect to referral, evaluation and rehabilitation do not apply to CDL job applicants who refuse to submit to a pre-employment alcohol or controlled substances test or who have a pre-employment alcohol test with a result indicating an alcohol concentration of 0.04 or greater or a controlled substances test with a verified positive test result.

5.4.8 Substance Abuse Professional (SAP) Service Management by Vendor

5.4.8.1 The vendor will identify and select any new substance abuse professional (SAP) service the Department requires on an as needed basis. The vendor ensures that each time the vendor provides the DER with a positive result notification, the SAP is located within the same county as the employee's work location or within 30 miles of the employee's work headquarters. The vendor will also provide a method of direct contact (by phone) for the Department employee to contact the vendor to arrange an appointment with the MRO. The vendor has final responsibility for SAP identification. The vendor will provide each SAP with USDOT protocols as well as with Department specific protocols.

5.4.9 Referral of employee for Substance Abuse Professional (SAP) evaluation

The vendor will identify the SAP for referral of Department employee. The Department advises employee to contact vendor for list of certified SAPs and schedule an appointment within 72 hours.

5.5 Testing Services

5.5.1 Controlled Substances Random Testing:

5.5.1.1 The vendor shall provide a method for random selection and administer the program for such controlled substances testing of the Department's CDL drivers. Random selection shall meet the requirements set by applicable USDOT regulation and FMCSA Regulation 49 CFR Part 382 et seq. and any applicable amendments.

5.5.1.2 The selection of CDL drivers for random controlled substances testing must be made by a scientifically valid method, such as a computer-generated random number table. Each CDL driver must have an equal chance of being tested each time selections are made. The vendor shall ensure that the required random controlled substances tests are unannounced and the dates for administering such tests are spread reasonably throughout the year.

5.5.1.3 FMCSA Subsection 49 CFR 382.305, Random Testing specifies the minimum annual percentage rate for random controlled substances testing. The selected method of random selection must ensure that this requirement is met.

5.5.1.4 With appropriate assistance from the Department, the vendor shall provide notice to each randomly selected CDL driver to be tested.

5.5.2 Alcohol Random Testing

5.5.2.1 The vendor shall provide a method for random selection and administer the program for such alcohol use testing of the Department's CDL drivers. Random selection shall meet the requirements set by applicable USDOT regulation and FMCSA Regulation 49 CFR Part 382 et seq. and any applicable amendments.

5.5.2.2 The selection of CDL drivers for random alcohol use testing must be made by a scientifically valid method, such as a computer-generated random number table. Each CDL driver must have an equal chance of being tested each time selections are made. The Vendor shall ensure that the required random alcohol use tests are unannounced and the dates for administering such tests are spread reasonably throughout the year.

5.5.2.3 FMCSA Subsection 49 CFR 382.305, Random Testing specifies the minimum annual percentage rate for random alcohol use testing. The selected method of random selection must ensure that this requirement is met.

5.5.2.4 With appropriate assistance from the Department, the vendor shall provide notice to each randomly selected CDL driver to be tested. Under federally mandated testing, a CDL driver shall only be tested for alcohol while the CDL driver is performing safety -sensitive functions;

just before the CDL driver is to perform safety-sensitive functions; or just after the CDL driver has ceased to perform such functions. Safety-sensitive function means any of those on-duty functions set forth in FMCSA Regulation 49 CFR Part 395.2, paragraphs (1) through (7).

5.5.3 Post-Accident Testing

5.5.3.1 The vendor must be capable of providing required collection services at established collection sites conveniently located near Department facilities during normal business hours from 7:00 a.m. to 5:00 p.m. Monday through Friday.

5.5.3.2 The vendor must have a staff of coordinators available 24 hours a day to provide emergency collection coordination services whenever an authorized representative of the Department requests collection services, either outside the hours of 7:00 a. m. to 5:00 p. m. Monday through Friday, including weekends and legal holidays, on an emergency basis, or anytime when such assistance is requested on a limited, or one time, use basis at non-established collection sites, e.g. those not previously set up by the vendor to provide the collection services requested by the Department representative.

5.6 Blind Performance Testing Services

5.6.1 The vendor shall submit blind performance test specimens to the contracted drug laboratory in accordance with Florida Administrative Code. The vendor shall specify the method of compliance with the blind specimen requirements of the program.

5.6.2 AHCA Rule 59A-24, F.A.C. Drug Testing and Laboratories subsection 59A-24.006(10) Quality Assurance and Quality Control requires at least one (1) percent of each initial screening run, with a minimum of one (1) sample per run, shall consist of a blind sample(s) of known concentration.

Such samples shall appear as ordinary test specimens to the laboratory analysts. The vendor shall ensure that this requirement is met.

5.7 The vendor shall coordinate with the Department and conduct a limited query of the FMCSA

Drug and Alcohol Clearinghouse annually for all Department CDL drivers to determine whether information exists in the Clearinghouse about those employees to prohibit them from performing safety sensitive functions in accordance with FMSCA Regulations 49 CFR

382.701.

5.8 Management/Administration and Record-keeping

5.8.1 Reports and records required by USDOT and FMCSA guidelines or by AHCA shall be provided by the vendor within the time constraints imposed by the Department and in the prescribed format of the regulating entity.

5.8.1.1 The vendor shall provide a quarterly report summary of program and fiscal status and proficiency testing results to the Department's DER within twenty (20) days following each three month segment of the contract. The vendor must indicate how these reports, including a description of other reports available to the Department to provide updates on its testing program activities, including how these reports will be delivered to or accessible to the Department.

5.8.1.2 The vendor shall provide records related to the collection process (for example, collection logbooks, if used; documents relating to the random selection process; calibration documentation EBTs; and documentation of BAT training) to the Department upon request.

5.8.1.3 The vendor shall maintain all dated records and notifications, identified by individual, in accordance with the guidelines described in. USDOT Regulation 49 CFR Part 40 for controlled substances and alcohol testing.

5.8.1.4 The vendor shall provide reports and data requested by the USDOT and AHCA and retain records consistent with the dictates of FMCSA Regulations Subsections 49 CFR 382.401 and 382.409; and AHCA Rule 59A-24, F.A.C.

5.8.2 The vendor shall ensure that strict confidentiality of test results is maintained in accordance with applicable Federal and State regulations and rules. All test results acquired by the vendor under this contract shall become property of the State of Florida. Any test results or materials prepared shall not be released without prior express written consent by the Department's

DER.

5.9 Consulting Services and Expert Testimony

As deemed necessary by the Department, the vendor shall provide, or coordinate the providing of appropriate medical, legal, management information services (MIS) consulting services and expert testimony. The vendor must maintain in-house legal counsel on staff.

5.10 Other Management Services

As deemed necessary by the Department, the vendor shall attend Department scheduled meetings to discuss contract administration or changes to Federal drug testing regulations or State drug testing statutes or rules. In addition, the vendor will assign primary contacts in the following two areas:

A. MRO Assistance and SAP Services B. Random Selection Management.

6.0 Services / Materials to be provided by the Department

6.1 The Department shall be responsible for delivering the CDL driver, employee or job applicant (donor) to be tested to the designated collection site. In addition, the Department shall provide a Department official who can positively identify the donor and ensure the donor can provide proper photo identification. In the case of a serious incident requiring post- accident testing, the Department will make a good faith effort to identify the donor to the on-site collector or attendant law enforcement officer or emergency medical personnel.

6.2 In case of reasonable cause (suspicion) drug testing, the Department shall ensure proper documentation of the conditions/circumstances establishing reasonable cause (suspicion) has been completed prior to presenting the donor to the collection site for drug testing.

6.3 In the case of random testing, the Department shall ensure that each CDL driver who is notified of selection for random alcohol and/or controlled substances testing proceeds to the testing site immediately; provided, however, that if the CDL driver is performing a safety-sensitive function at the time of notification, the Department shall instead ensure that the CDL driver ceases the safety-sensitive function and then proceeds to the testing site as soon as possible.

6.4 Each CDL driver who has engaged in conduct prohibited by FMCSA Regulation 49 CFR Part 382, Subpart B shall be advised by the Department of the resources available to the CDL driver in evaluating and resolving problems associated with the misuse of alcohol and use of controlled substances, including the names, addresses, and telephone numbers of substance abuse professionals (SAP) and EAP counseling and treatment programs.

7.0 Estimated Number of Tests

The Department is unable to forecast the exact number of tests. The numbers of tests given are estimates based on prior year's usage; and in no way obligate the Department to purchase these amounts. These estimates are intended as a guide to the vendor. The actual number of tests purchased may vary.

8.0 Federally Mandated Testing

(Under Regulation 49 CFR Part 382, et.al.) It is estimated that there are currently 680 employees within the Department who are CDL drivers.

EXHIBIT “B”

METHOD OF COMPENSATION

1.0 PURPOSE:

This Exhibit defines the limits of compensation to be made to the contractor for the services set forth in Exhibit “A” and the method by which payments shall be made.

2.0 COMPENSATION:

For the satisfactory performance of services detailed in Exhibit “A”, the Vendor shall be paid up to a Maximum Amount of $TBD.

The Maximum Amount shall be made up of:

$TBD from Fiscal Year 2027 $TBD from Fiscal Year 2028 $TBD from Fiscal Year 2029 $TBD from Fiscal Year 2030 $TBD from Fiscal Year 2031

The Vendor shall not provide services that exceed the Fiscal Year amount(s) without an approved Amendment from the Department.

3.0 PROGRESS PAYMENTS:

The Vendor shall submit monthly invoices in a format acceptable to the Department. Payment shall be made at the unit billing rates in Exhibit “C”, for services provided, as approved by the Department. The contract unit rates shall include the costs of salaries, overhead, fringe benefits and operating margin.

Payment for expenses shall be made on the basis of actual allowable cost incurred as authorized and approved by the Department.

The Vendor shall submit monthly invoices in a format acceptable to the Department. Payment shall be made to the Vendor for services provided plus actual allowable costs. The invoice shall include documentation of man-hours provided and itemization of costs incurred (including receipts).

Invoices shall be submitted to: Florida Department of Transportation Human Resources Office 605 Suwannee St #MS 50 Tallahassee, FL 32399

4.0 DETAILS OF COSTS AND FEES:

Details of the Contractor’s billing rates for the performance of the services are

Exhibit “B” – Method of Compensation contained in Exhibit “C”, attached hereto and made a part hereof.

5.0 TANGIBLE PERSONAL PROPERTY:

This contract does not involve the purchase of Tangible Personal Property, as defined in Chapter 273, F.S.

Exhibit “B” – Method of Compensation

Exhibit “C” – Price Proposal Form

EXHIBIT “C” – PRICE PROPOSAL FORM

RFP Number: DOT-RFP-27-9020-JM FOB: Central Office

RFP Title: Controlled Substances and Alcohol Use Testing

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

Service/Test Type Approx.

Units from

FY25/26

Unit Rate Unit Rate (subcontracted)

% anticipated subcontracted

Total Cost (approx. units x unit rate)

DOT Random Selection DRUG (Urine)

DOT Pre-Employment DRUG (Urine)

DOT Breath Alcohol Test

DOT Return to Duty

DRUG

DFWP Drug Testing (Non-CDL)

Split Sample Testing 5

Fees Approx. Units from

FY25/26

Unit Rate Total Cost

(approx. units x unit rate)

Clearinghouse Admin Fee 2

Clearinghouse Annual Query Fee 1

Observation Fees (per test) 6

Lab Reject Fee (per test) 5

Tests and Fees Total Cost (A)

Service Estimated hours $/hour Total Cost

Substance Abuse Professional (SAP) 20

Consulting Services (As needed) 5

Expert Testimony (As needed) 5

Services Total Cost (B)

******Grand Total (A+B) =

Exhibit “C” – Price Proposal Form

******Price Proposal evaluation is based on the Grand Total of tests, fees, and services. This total is used for price evaluation purposes ONLY.******

RENEWAL: see Special Condition 31)

THE UNIT RATE(s) WILL APPLY TO THE INITIAL TERM AND ANY RENEWAL PERIODS.

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 #7d.

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:

Pri…