Addendum 1 - Questions on RFP.pdf

Questions on RFP for Transit Drug and Alcohol Program Services

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Question 1: Section 4.1 Scope of Work states the program "would need to be in place and operational no later than by July 1, 2026," while the proposal due date is June 11, 2026 at 2:00 PM CST. This leaves approximately 19 days for evaluation, scoring, negotiation, award, contracting, and full mobilization. Will MHTC consider a phased operational start (for example, a 60–90-day transition period) for an awarded Offeror that is not the current incumbent?

MoDOT Response: No, a phased operational start will not be accepted. State program will need to be in place and operational by July 1, 2026.

Question 2: If a phased start is not contemplated, please describe MHTC's expectations for transition activities between award and July 1, 2026, including the date by which MHTC anticipates announcing award.

MoDOT Response: With a proposal due date of June 11, 2026, MHTC will have sufficient time to review and evaluate submitted proposals to determine award prior to July 1, 2026.

Question 3: Section 4.2.1.b requires identification of "at least one collection site in each of Missouri's 114 counties." For counties with no qualified standalone collection site, will MHTC accept identification of (a) the closest out-of-county site, (b) a mobile collection unit dispatched on demand, or (c) on-site collections at the transit agency by a contracted certified collector? Or some combination of these?

MoDOT Response: For counties with no qualified standalone collection site, MHTC will accept identification of either (a) the closest out-of-county site, (b) a mobile collection unit dispatched on demand, or (c) on-site collections at the transit agency by a contracted certified collector? This can also be a combination of the three as long as compliance with testing is within USDOT, FTA, and FMCSA testing regulations.

Question 4: What is the maximum acceptable one-way travel distance or travel time from a transit agency to its designated collection site?

MoDOT Response: The maximum acceptable one-way travel distance or travel time from a transit agency to its designated collection site needs to be a sufficient distance to ensure compliance with USDOT, FTA, and FMCSA testing regulations.

Question 5: Sections 4.2.1.d and 4.2.2.c require sites to be available for after-hours post-accident and reasonable-suspicion collections. Is this required in every county individually or across the network as a whole? If individually, please clarify the expected response-time

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MoDOT Response: Collection sites must be available for transit agencies to conduct after-hours post-accident and reasonable-suspicion collections. Sufficient access to these sites should allow the transit agency to be in compliance with USDOT, FTA, and FMCSA testing regulations.

Question 6: Section 4.2.10.a.i specifies a "50% random rate for drugs, or required FTA/FMCSA percentage." Please confirm the rate the Offeror should assume for proposal pricing — 50% for drug testing, or the current FTA published minimum (25% for calendar year 2026)?

MoDOT Response: Testing rates for drugs is 50%.

Question 7: Section 4.2.22 requires blind-sample testing once the consortium reaches 2,000+ safety-sensitive employees. With the current pool described in Section 3.2 as approximately 875 employees, is blind-sample testing required as part of base scope or is it contingent on hitting that threshold? If contingent, please confirm pricing for that service should be a conditional/optional line item.

MoDOT Response: Per the RFP, blind sample testing occurs when consortia has at least 2,000 safety-sensitive employees in the consortium pool. The consortium in this proposal is mandatory for approximately 750 safety sensitive employees, covered under FTA and FMCSA, the other 125 would be voluntary. By chance the consortium reaches 2,000+, pricing for that service can be listed as an optional line item.

Question 8: Sections 4.2.3 and 4.2.5–4.2.8 reference compliance with 49 CFR Parts 40, 655, and 382. Please confirm whether the program scope includes FMCSA-regulated drivers (Part 382) in addition to FTA-regulated transit employees (Part 655), and if so the approximate count of CDL holders covered under Part 382.

MODOT Response: The scope of services includes FMCSA regulated employees, which is less than 100.

Question 9: Will MoDOT designate the consortium administrator as the C/TPA of record for FMCSA Clearinghouse queries and reporting for any Part 382 employees? If so, please confirm whether full and limited annual query costs should be included in the firm-fixed price or treated as pass-through.

MoDOT Response: This is the responsibility of the transit agency.

Question 10: Section 5.2.4 requires "firm fixed price." Given variable urban (voluntary) participation and the possibility of FTA random-rate adjustments during the contract term, will MHTC consider unit pricing on the Pricing Page (per-test, per-employee per-month) rather than a single annual fixed sum?

MoDOT Response: Price should be submitted via Exhibit 5 - Pricing Page.

Question 11: Will MHTC permit a CPI-based or other index-linked escalator on unit rates for the three optional one-year renewal periods identified in Sections 3.3 and 3.4?

MoDOT Response: No, one-year renewal periods price increases are determine by proposer, not CPI-based or other index-linked escalator.

Question 12: Exhibit 5 is the Pricing Page. Please confirm the cost categories required on Exhibit 5. At a minimum, will it include line items for: (a) consortium administration fee, (b) urine specimen collection, (c) breath alcohol testing, (d) lab analysis, (e) MRO services, (f) SAP services, (g) training (per-session and per-learner), (h) shipping, and (i) MoDOT-billed oversight services?

MoDOT Response: Please see “FEE SCHEDULE” language at the top of the Pricing Page. We are asking for pricing for each of the items listed on the page for the Original Contract Period and each renewal.

Question 13: Section 3.2 distinguishes between agency-billed services and MoDOT-billed oversight services. Will Exhibit 5 separate these on different lines?

MoDOT Response: No, but if your pricing is different for each, note that on your proposal.

Question 14: Are there any minimum-billing guarantees, take-or-pay provisions, or volume floors associated with the consortium pool?

MoDOT Response: No there are no minimum-billing guarantees, take-or-pay provisions, or volume floors associated with the consortium pool.

Question 15: Will pricing be uniform across all participating agencies, or may pricing vary by agency size, region, or test type?

MoDOT Response: Pricing will be uniform across all participating agencies.

Question 16: Will MoDOT provide historic test volumes for the consortium for the past three years, broken down by (a) test type (random, post-accident, reasonable suspicion, return-to-duty, follow-up, pre-employment), (b) drug versus alcohol, (c) urban versus rural, and (d) county or service-area?

MoDOT Response: This information will be available to the successful offeror.

Question 17: Please confirm the current count of safety-sensitive employees in the pool by category: rural mandatory, specialized transportation mandatory, and urban voluntary.

MoDOT Response: This information will be available to the successful offeror.

Question 18: How many SAP referrals occurred over the past three years?

MoDOT Response: This information will be available to the successful offeror.

Question 19: How many post-accident and reasonable-suspicion tests occurred over the past three years, and what was the median dispatch-to-collection response time?

MoDOT Response: This information will be available to the successful offeror.

Question 20: Section 7.11 requires that "either a copy of the executed subcontract or a letter of agreement over the official signature of the firms involved must accompany each proposal." Given the requirement to identify a collection site in every one of Missouri's 114 counties, and given that nationwide TPAs maintain master network agreements with collection-site aggregators, will MHTC accept a single network agreement letter from each aggregator covering its sites in lieu of letters from each individual collection facility?

MoDOT Response: Offeror must follow 7.11 Subcontractor requirements, as stated in

RFP.

Question 21: Section 4.2.8.b–d requires identifying primary and back-up SAPs by name, address, and phone in each of 114 counties. Will MHTC accept a national SAP network roster identifying primary and back-up SAPs by Missouri county, supported by an attestation that all listed SAPs meet 49 CFR Part 40 Subpart O qualifications?

MoDOT Response: Yes, this is acceptable.

Question 22: Section 6.1.1 lists five evaluation factors totaling 100 points: (1) Experience, Expertise and Reliability — 20; (2) Qualification and Expertise of Key Personnel — 15; (3) Proposed Method of Performance — 10; (4) Proposed Fee — 40; (5) Reliability — 15. Please clarify the distinction between criterion 1 ("Experience, Expertise and Reliability") and criterion 5 ("Reliability"). Is this a drafting error, and if not, what specific evidence will be evaluated under each?

MoDOT Response: This is explained in detail in Section 5.1 of the RFP. The last “Reliablity” should have been labeled as “Demonstrated Reliabilty/References” and is explained in Section 5.1.5.

Question 23: Section 7.5 (Disputes) states the MHTC representative's decision shall be "conclusive, binding, and incontestable." Will MHTC consider modifying this clause to permit ordinary administrative review, mediation, or judicial review consistent with Missouri public-procurement standards?

MoDOT Response: No, MHTC will not consider modifying this clause.

Question 24: Section 7.8 (Cancellation) permits MHTC to cancel "at any time" with written notice. Will MHTC commit to a notice period (for example, 90 days) and to compensation for services rendered, demobilization costs, and reasonable termination expenses incurred prior to the effective cancellation date?

MoDOT Response: No, MHTC will not commit to a notice period and to compensation for services rendered, demobilization costs, and reasonable termination expenses incurred prior to the effective cancellation date.

Question 25: Section 7.25 (Indemnification) requires the Offeror to defend, indemnify, and hold harmless the Commission for "any claim or liability … for any matter relating to or arising out of the Offeror's submittal of its proposal in response to the RFP" as well as performance. Will MHTC consider scoping indemnification to claims arising from the Offeror's negligent acts, errors, or omissions, and excluding claims arising from MHTC's own acts or omissions?

MoDOT Response: No, Section 7.25 Indemnification in RFP remains as is.

Question 26: Section 7.26 (Insurance) sets coverage at $600,000 per occurrence / $4,000,000 aggregate for both General Liability and Business Auto, plus $1,000,000 employer's liability. Are these coverages required at proposal submission, or only prior to contract execution?

MoDOT Response: This is required before an award can be made.

Question 27: Section 7.19 (Ownership of Records) states all documents produced "at the direction of MHTC's representative" remain MHTC property, and Section 7.24 grants MHTC a royalty-free right to reproduce and use products derived from the work. Will MHTC clarify that this does not extend to the Offeror's pre-existing intellectual property (proprietary software platforms, training curricula, trade secrets) used in delivering the services?

MoDOT Response: That is correct.

Question 28: Section 5.2.7 (Public Inspection) states proposals are subject to the Missouri Open Records Act and that prices will not be considered confidential. Beyond price, what categories of information may an Offeror designate confidential under a statutory exception? Specifically, are lists of named SAPs, MROs, and collection-site sub-network details (which represent competitive trade-secret information) eligible for confidential treatment?

MoDOT Response: We would be able to protect software codes, security related materials, and trade secrets relating to scientifical and technological innovations.

Question 29: Section 7.18 (Venue) limits any litigation to Cole County, Missouri Circuit Court. Will MHTC consider standard alternative dispute resolution (good-faith negotiation, then mediation, then litigation as last resort)?

MoDOT Response: We would always prefer to try negotiation and/or mediation before full blown litigation.

Question 30: Section 5.1.5 requires references to include a "List of reference firm owners names and addresses." Many private-company references will not provide their owners' personal information. Will MHTC accept the reference firm's headquarters address and the name and title of its principal officer (for example, CEO or President) in lieu of owner names and personal addresses?

MoDOT Response: Submission of references should not include personal addresses.

Question 31: Section 7.16 requires out-of-state Offerors to provide an Authority Certificate from the Missouri Secretary of State, a Certificate of No Tax Due, and a Transient Employer Certificate. Are these required at proposal submission, or only prior to contract execution following award?

MoDOT Response: These are required before an award can be made.

Question 32: Will MissouriBUYS accept large file uploads (for example, a 200+ page proposal with appendices)? Please confirm any per-file or total upload size limits.

MoDOT Response: Yes, not to exceed 100mb per document uploaded.

Question 33: Section 4.2 contains 25 numbered specifications. Should the Offeror's "Proposed Method of Performance" narrative (Section 5.1.3) address each of the 25 specifications individually?

MoDOT Response: See Section 5.1.3 for specific instructions.

Question 34: Will MHTC require the incumbent provider to cooperate in transitioning consortium-pool data, including current employee rosters, prior random-selection results, FTA Drug and Alcohol MIS data, and Designated Employer Representative (DER) contact information?

MoDOT Response: Yes.

Question 35: Will MHTC make available redacted samples of the consortium's most recent quarterly random-selection reports and annual FTA MIS reports?

MoDOT Response: Yes.

Question 36: Are there outstanding compliance findings, FTA review notes, audit observations, Notices of Proposed Exclusion, or Public Interest Exclusions on the current program that bidders should account for?

MoDOT Response: Not at this time.

Question 37: Who is the current consortium administrator, and through what date is the existing contract in effect?

MoDOT Response: MoDOT’s current contract is with Western Pathology Consultants, Inc and the existing contract ends on June 30, 2026.