CTR070548_Executed Contract.pdf

Invitation for Bid Solicitation No.

BPM006038

Description:

Laboratory Testing Services

State of Arizona Department of Child Safety

Office of Procurement & Contracts 3003 N. Central Ave., 20th Fl.

Phoenix, AZ 85012

Solicitation Instructions Part 2

SECTION 2-D: Offer Forms, Attachment 1 Page 18 of 35 2

A v a i l a b l e o n l i n e a t : A P P . A Z . g o v

Attachment 1 Offer and Acceptance Form

TO THE STATE OF ARIZONA:

The Undersigned hereby offers and agrees to furnish the material, service or construction in compliance with all terms, conditions, specifications and amendments in the Solicitation and any written exceptions in the offer.

Avertest LLC dba Averhealth

Offeror company name Signature of person authorized to sign Offer Initials

2916 W. Marshall St, Suite A Mark Johnson, Chief Executive Officer

Address Printed name and title

Richmond, VA 23230 Lauren Berens

City | State | ZIP Contact name and title

27-3929226 LBerens@averhealth.com 804-508-6202

Federal tax identifier (EIN or SSN) Email Address Phone Number

CERTIFICATION: By signature in the above, Offeror certifies that it:

1. The submission of the Offer did not involve collusion or other anticompetitive practices.

2. The Offeror shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246, State Executive Order 2009-9 or A.R.S. §§ 41−1461 through 1465.

3. The Offeror has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted offer. Failure to provide a valid signature affirming the stipulations required by this clause shall result in rejection of the offer. Signing the offer with a false statement shall void the offer, any resulting contract and may be subject to legal remedies provided by law.

4. The Offeror certifies that the above referenced organization ___ IS/ _X_ IS NOT a small business with less than 100 employees or has gross revenues of $4 million or less.

ACCEPTANCE OF OFFER: State hereby accepts the initial Offer, Revised Offer, or Best and Final Offer, and which was dated below. The Contractor is now bound to sell the materials or services listed by the attached contract and based upon the solicitation, including all terms, conditions, specifications, amendments, etc., and the Contractor’s Offer as accepted by the State. The Contractor is cautioned not to commence any billable work or to provide any material or perform any service under the Contract until the Contractor receives the applicable purchase order, contract release document or written notice to proceed.

State’s Contract No. is: CTR070548 The effective date of the Contract is: April 1, 2024

Tashira Turner, Procurement Officer Contract awarded date

End of Attachment 1

MJ

3/7/2024 https://procure.az.gov/bso/

Invitation for Bid (IFB) State of Arizona Department of Child Safety

Office of Procurement & Contracts 3003 N. Central Ave., 20th Fl.

Phoenix, AZ 85012

BPM006038

Notice of Request for Bids

In accordance with Arizona Revised Statutes § 41-2533, competitive sealed proposals for the materials or services specified, will be received by the Arizona Department of Child Safety online through the State's e-Procurement system, the Arizona Procurement Portal (APP) (https://app.az.gov) at the date and time posted in the APP. Bids received by the correct time and date will be opened and the name of each Bidder will be publicly available. Bids must be in the actual possession of the State on or prior to the time and date indicated in the Notice.

LATE BIDS WILL NOT BE CONSIDERED.

Persons with a disability may request a reasonable accommodation, such as sign language interpreter, by contacting the appropriate procurement agency. Request should be made as early as possible to allow time to arrange the accommodation. A person requiring special accommodations may contact the solicitation contact person for this procurement as identified above.

BIDDERS ARE STRONGLY ENCOURAGED TO CAREFULLY READ THE ENTIRE SOLICITATION

https://procure.az.gov/

Invitation for Bids

BPM006038

State of Arizona Department of Child Safety

Office of Procurement & Contracts 3003 N. Central Ave., 20th Fl.

Phoenix, AZ 85012 TABLE OF CONTENTS

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Scope of Work

Performance Measures

Scope of Work Definitions

Special Terms and Conditions

Uniform Terms and Conditions

State of Arizona Department of Child Safety

Office of Procurement & Contracts

Phoenix, AZ 85012 Scope of Work

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1.0 PURPOSE

The purpose of this solicitation/contact is to provide substance abuse screening and genetic paternity testing, including sample collection, testing and reportage of findings, for the Arizona Department of Child Safety (ADCS) referred clients.

2.0 BACKGROUND

2.1 The Arizona Department of Child Safety (ADCS) is statutorily responsible to provide services to families whose children are involved with ADCS. ADCS Vision and Mission Statements are:

Vision: Children thrive in family environments free from abuse and neglect.

Mission: Successfully partner with families, caregivers, and the community to strengthen families, ensure safety, and achieve permanency for all Arizona’s children through prevention, services, and support.

2.2 The focus of this service is to provide laboratory testing services to include:

• Collection of samples, including urine, hair, blood and saliva (also referred to herein as oral fluid), and other testing methods as determined by ADCS based on agency need.

• Testing, including inspection, chain of custody, screening, analysis, evaluation, reporting, oversight of work performed by any subcontractor utilized, reporting of results and records administration;

• Expert Witness testimony; and

• Randomization Program/Random Drug Screening Scheduling.

2.3 Projected Awards

It is the intent of ADCS to make multiple awards, by county, for this service to cover the State of Arizona. Services are provided on an as needed basis.

ADCS does not guarantee a specific number of clients or a specific amount of work during the term of the contract.

3.0 GENERAL SPECIFICATIONS. The Contractor shall:

3.1 Laboratory Certifications:

Utilize only laboratories that hold the following certifications or accreditations:

• Clinical Laboratory Amendments (CLIA);

• Substance Abuse and Mental Health Services Administration

(SAMHSA) and/or; the College of American Pathologists – Forensic Drug Testing (CAP-FDT)

• AABB (formerly “American Association of Blood Banks”) accreditation as a Relationship (DNA) Testing Facility.

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3.2 Laboratory Locations

3.2.1 Provide services throughout the awarded County and to ADCS clients residing outside of the State of Arizona.

3.2.2 “Co-locate” in ADCS field offices, as requested based on agency need. ADCS shall issue a Memorandum of Understanding (MOU) outlining agreements and specifications when “co- location” sites are established.

3.3 Automated Website

3.3.1 Within thirty (30) days of award, ensure that an automated website is maintained and available for use by ADCS Specialists and other designated stakeholders identified by the Department.

3.3.1.1 The website will accept referrals for drug

screening and genetic paternity tests and permit retrieval of client test results and additional information to include:

1. For drug testing:

• Confirmation of client compliance with call-in schedule for random drug screening.

• Levels of substance(s) found in positive test results;

• Identification of specific substances identified in confirmatory testing following any positive results;

• Date(s) of any client failure(s) to appear at testing site or to provide needed sample(s);

• Client attempts to tamper with test results or otherwise achieve false negative findings and;

• Provide expanded narrative in instances in which a client specimen sample was not obtained for testing purposes.

2. For genetic paternity testing:

• Current status of the sample collection and a photograph of the person(s) being tested identified by ADCS case number within seventy-two (72) hours of last sample collection;

• Results of test(s) by case number within fourteen

(14) calendar days of sample collection;

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• Status of previously submitted test(s) and; current status of all parties affiliated with the ADCS case number.

3.3.1.2 Information on the site will be downloadable and printable.

3.3.1.3 Provide ADCS Specialists and designated

stakeholders with adequate training in the use of Contractor’s automated website to place referrals, obtain required information and to perform other essential functions as agreed to by the Contractor and the Department.

3.3.1.4 ADCS reserves the right to waive the

requirement for an automated website in limited areas wherein no Contractor has the capacity to establish such a site. In the event of such a waiver:

• The Contractor will accept referrals via secure e-mail and acknowledge receipt thereof via e-mail within twenty-four (24) hours.

• The Contractor will provide all client test results and additional information required by this contract by e- mail within the same timeframe(s) required for availability of information on an automated website.

3.4 Testing /Results

3.4.1 No person with a familial relationship to an ADCS client shall collect any sample from that client.

3.4.2 Contractor shall have the ability, with or without the use of

Subcontractor(s), to successfully perform laboratory testing of each of the methods listed herein upon receipt of prior authorization from ADCS:

3.4.2.1 Hair Test:

1. Five (5) Panel Hair Drug Screen:

Amphetamines, Marijuana, Opiates, Cocaine, and Phencyclidine.

2. Eight (8) Panel Hair Drug Screen:

Amphetamines, Methamphetamines, Cocaine, Fentanyl, Marijuana (THC), Opiates, PCP, Extended Opiates (Oxycodone, Oxymorphone, Hydrocodone, Hydromorphone)

3.4.2.2 Urine Tests:

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1. Fentanyl/Norfentanyl

2. Ketamine

3. Oxycodone

4. Heroin 6-MAM

5. Synthetic Cannabinoids, such as Spice or K2.

6. Substituted (or “Synthetic”) Cathinone, such as Bath Salts

7. EtG: Alcohol Urine Test

8. Four (4) Panel Urine Toxic Vapor Screen:

Benzene, Toluene, Xylene, Freons

9. Five (5) Panel Drug Screen: Amphetamines, Marijuana (THC), Cocaine, Opiates, Heroin metabolite 6- Acetylmorphine (6-AM) aka 6- Monoacetylmorphine (6- MAM);

10. Five (5) Panel Opiate Drug Screen: 6- Acetylmorphine (6-AM) aka 6- Monoacetylmorphine (6-MAM), Fentanyl, Methadone, Opiates, Oxycodone;

11. Six (6) Panel Drug Screen: Cocaine, Marijuana (THC), EtG, Heroin 6- Acetylmorphine (6-AM) aka 6- Monoacetylmorphine (6-MAM), Fentanyl, Methamphetamines

12. Nine (9) Panel Drug Screen: Fentanyl, EtG, Amphetamines, Barbiturates, Benzodiazepines, Cocaine, Marijuana, Methadone, Opiates

3.4.2.3 Saliva Tests:

1. Alcohol (ethanol) Saliva Test

2. Six (6) Panel Oral Fluid Swab Test, lab based:

Cocaine, Marijuana, Methamphetamines, Opiates, Phencyclidine, and alcohol.

3. Nine (9) Panel Oral Fluid Swab Test, lab based: Fentanyl, Alcohol (ethanol), Amphetamines, Barbiturates, Benzodiazepines, Cocaine, Marijuana, Methadone, Opiates

3.4.2.4 Agree to testing for additional substances not listed herein, on mutually agreeable terms, as the need for such testing is identified and approved by the Department.

3.4.2.5 Genetic Paternity Testing

3.4.3 Conduct immediate confirmation testing on all positive test results, Panel/Screen/Test utilizing gas chromatography/mass spectrometry (GC/MS), liquid

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1. Following Amphetamine-positive results:

• Methamphetamine

• MDMA

2. Following opiate-positive results:

• Methadone

• Codeine

• Morphine

• Hydrocodone,

• Hydromorphone,

• Oxycodone

• Oxymorphone

3.4.4 Identify the testing methodology used for each specimen testing positive. Ensure cut-off levels adhere to industry standards as outlined by Substance Abuse and Mental Health Services Administration (SAMHSA), College of American Pathologists –Forensic Drug Testing (CAP-FDT) and/or the Department of Health and Human Services

(HHS).

3.4.5 Provide Medical Review Officer (MRO) services (e.g., to confirm that false-positive test results are not caused by lawfully utilized prescription drugs) as requested by ADCS.

3.5 Random Drug Screening

Make available and maintain a Random Drug Screening Scheduling Randomization Program that:

3.5.1 Provides ADCS with client-specific information regarding compliance to the randomized program, including call in compliance; schedule compliance and test results.

3.5.2 Allows a client to confirm test schedule no earlier than three

(3) hours prior to testing site opening time on the test day.

3.5.3 Allows the client to test only on the correct/scheduled day.

3.5.4 Alerts the referring ADCS Specialist when client has three

(3) consecutive “no shows” ” (three [3] consecutive missed sample collections) or three (3) failures to provide a sample at the scheduled collection.

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3.5.5 Alerts the referring ADCS Specialist and suspends the client from Randomization Program/Random Drug Screening Scheduling after five

(5) consecutive “no shows” or failures to provide a sample.

3.5.6 Utilizes a method by which clients suspended from testing may be reactivated (re-referred/authorized) using phone, e-mail and/or electronic referral.

3.5.7 Alerts the referring ADCS Specialist when client confirmation test result is confirmed positive.

3.6 Specimen Collection

3.6.1 Should the Department determine that there are insufficient collection sites in a geographic area, make all reasonable efforts to identify and establish a subcontracting agreement for sample collection with the closest capable medical facility or other establishment meeting industry standards for cleanliness, etc. within that geographical location.

3.6.1.1 In the event of disagreement between the Contractor

and the Department as to whether “reasonable efforts” have been made in this regard, the Contractor shall defer to judgement of the Department.

3.6.2 Review and verify an acceptable form of identification to confirm the client’s identity. Acceptable forms of identification include:

• Photo ID issued by a foreign or domestic government (e.g. driver’s license, identification card, U.S. military ID, passport)

• ADCS-generated identification documents on ADCS letterhead, including client’s essential information and photograph.

3.6.3 Adhere to all applicable state and federal procedures for the collection and observation of testing specimens.

3.6.4 Establish and adhere to procedures that provide for

the direct observation of the collection of all specimens.

3.6.5 Collect specimens for drug testing that have not been

substituted, diluted, or adulterated from ADCS referred clients.

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3.6.6 Provide for the observation of the collection of all urine specimens by a person or persons of the same gender as the client.

3.6.7 Indicate the client’s name and the date of collection on the specimen container identification label.

3.6.8 Require that the client write his/her initials on the specimen container identification label after the label is affixed to the specimen container to affirm that the client’s name and date of collection on the specimen container identification label is accurate.

3.6.9 Store, transport and submit for testing collected specimens in secured containers.

3.6.10 Specimen processing shall adhere to the guidelines of the

U.S. Centers for Disease Control and Prevention (CDC) Universal Blood and Body Fluid Precautions (“universal precautions”).

3.6.11 Require each person transporting and/or handling specimens to sign and date a Chain of Custody form when the specimens are transported except couriers, express carriers, and postal service personnel.

3.6.12 Require that authorized testing personnel initial and date the Chain of Custody form(s) upon receipt.

3.6.13 Provide the original Chain of Custody document with each container delivered to the test site.

3.6.14 Retain the original Chain of Custody form at the

testing facility and make available a copy noting all results to the referring ADCS Specialist

3.7 Genetic Paternity testing:

3.7.1 Observe or ensure that any designated subcontractor

observes the following guidelines when providing Genetic Paternity Testing. All other contractual requirements apply to this service. In the event of a discrepancy between Genetic Paternity Testing guidelines and other contract requirements, the guidelines of Paragraph 3.7 take precedence for Paternity Testing:

3.7.1.1 Use buccal swab as the primary method

of sample collection.

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3.7.1.2 Use blood draws as a second sample collection as

directed by the Court or, when in the professional opinion of the Contractor, a blood draw would provide for a more accurate result.

3.7.1.3 Ensure that each sample collection shall contain

sample material sufficient to be retested if so ordered by the Court.

3.7.1.4 Maintain a proven and reliable legal chain of custody, report of findings, conclusions and notification, continuing through sign-off of the final results consistent with AABB guidelines.

3.7.1.5 Utilize any single or battery of testing that

meets the reporting criteria set forth in the AABB Standards for Parentage Testing Laboratories (http://www.aabb.org/Pages/Homepage.as px), as may be amended.

1. Comply with the requirements of the AABB when generating the Paternity testing reports.

3.7.1.6 Supply all materials necessary to operate and

maintain the testing area in accordance with AABB guidelines and for the collection, preservation, preparation, and shipment of specimens.

3.7.1.7 No more than four percent (4%) of paternity

tests shall require repeats in any thirty (30) day period. Any repeat tests shall be performed at no additional cost to the State.

3.7.1.8 Utilize, at no additional cost to the State, previous sample results of a tested individual if the individual is a party to other paternity determinations.

3.7.1.9 Do not schedule Alleged Fathers and client

children or Custodial Parents for sample collection at the same location on the same day.

3.7.1.10 Deliver sample kits to correctional facilities for Court-ordered testing of incarcerated individuals no later than ten (10) business days after request or notice by ADCS or the Office of the Attorney General or as directed by the Court order.

http://www.aabb.org/Pages/Homepage.aspx http://www.aabb.org/Pages/Homepage.aspx

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3.7.1.11 Comply with any rules and requirements imposed by

city and county jails, State, private and federal prisons when a sample collection of an incarcerated individual is requested.

3.7.1.12 Findings and conclusions must either establish that

the putative (alleged) father is excluded (direct exclusion) by the tests performed, or provide proof of findings that the probability of paternity is ninety-nine percent (99%) or greater.

3.7.1.13 Submit results of the genetic analyses

completed by the Laboratory within the following timeframes:

1. Genetic test results shall be provided to the appropriate ADCS Specialist no later than fourteen (14) calendar days after the collection of the last sample;

2. ADCS will not pay for any cases in which test results are received more than fifteen (15) calendar days after the sample collection unless there is a request for extension to the ADCS Specialist.

3.7.1.14 In cases wherein, blood draws are determined

necessary for sample collection, such collection will be made by a Phlebotomist with Phlebotomy Technician Certification (CPT) and at least one (1) year experience in sample collection of buccal swabs and blood draws.

3.7.1.15 Follow the steps for identifying individuals who are parties to the case appearing for draws as detailed in the AABB Standards for Parentage Testing Laboratories current edition, and as may be amended.

3.7.1.16 Comply with Occupational Safety and Health

Administration (http://www.aabb.org/Pages/Homepage.aspx) in the storage and disposal of material used to collect samples and when any blood draw is requested.

3.7.1.17 Utilize the procedures regarding transport for

interstate paternity testing which take into account 45 CFR 303.7(e)(1) which states, in part that:

1. The IV-D Agency in the responding state shall pay for the costs of genetic testing action to http://www.aabb.org/Pages/Homepage.aspx)

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2. The Contractor shall receive sample(s) collected outside the State of Arizona and /or DNA test reports on such samples for Arizona active cases, pursuant to UIFSA https://www.acf.hhs.gov/archive/css/policy-guidance/interstate-child-support-enforcement-case- processing-and-uifsa . The Contractor shall comply with UIFSA, invoice the state of Arizona under this Contract for the fixed unit price of the test, and shall be responsible for payments to any out-of-state contractor.

3.7.1.18 Ensure coordination with International Social

Services (ISS) as necessary to obtain, process and provide genetic testing to clients residing outside of the United States. Contractor shall ensure proper “chain of custody” when accepting genetic material for testing.

3.7.1.19 The Contractor shall comply with the following

prior to and following the expiration or termination of this Contract in transferring responsibilities to the new Contractor:

1. Work toward a prompt and timely transition, beginning sixty (60) days before the Contract end date in accordance with ADCS Special Terms and Conditions and the direction of the ADCS.

2. Complete genetic paternity testing on all ADCS no later than thirty (30) days after receipt of the final referral prior to the contract’s expiration or termination.

3. On the last day of the transition period, the Contractor shall notify the ADCS Specialist of the names and jurisdiction of the individuals from whom a sample has been collected and for which testing has not been completed.

4. The Contractor shall not destroy any sample for which results have not been provided except upon written authorization of the ADCS Specialist.

5. The Contractor shall not destroy any sample for which results have not been provided except upon written authorization of the ADCS Contract Manager.

https://www.acf.hhs.gov/archive/css/policy-guidance/interstate-child-support-enforcement-case-processing-and-uifsa https://www.acf.hhs.gov/archive/css/policy-guidance/interstate-child-support-enforcement-case-processing-and-uifsa https://www.acf.hhs.gov/archive/css/policy-guidance/interstate-child-support-enforcement-case-processing-and-uifsa https://www.acf.hhs.gov/archive/css/policy-guidance/interstate-child-support-enforcement-case-processing-and-uifsa

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4.0 CONTRACTOR REQUIREMENTS: The Contractor Shall:

4.1 Accept all cases for service upon receipt of a referral. No case shall be accepted without an ADCS referral:

4.1.1 Reject/prevent duplicative or overlapping test requests, (i.e.

request simultaneously submitted for a five (5) panel test and nine (9) panel test that are both inclusive of the same substances and method of collection), which results in ADCS being unnecessarily invoiced for repetitive services.

ADCS will not reimburse for overlapping/duplicative test requests.

4.1.2 In the event of a joint response by ADCS OCWI and local law enforcement ensure separate collection and chain of custody. ADCS will not reimburse for duplicative test requests submitted by or on behalf of any law enforcement agency.

4.1.3 Provide service to referred minors.

4.2 Ensure that all services provided are culturally relevant and linguistically appropriate to the population to be served.

4.3 Have the ability to serve non-English speaking families by being able to speak or interpret the language of the client, especially:

1. Spanish,

2. American Sign Language,

3. Arabic,

4. Farsi, and

5. Swahili.

4.3.1 The Contractor must provide a certified interpreter over the age of twenty-one (21).

4.3.2 The Contractor will work with the referring ADCS

Specialist to obtain interpretation services for clients in any language other than those listed in Paragraph 4.3 from an ADCS-contracted provider. In the event that this effort is unsuccessful, responsibility for interpretation will revert to the Contractor. Expenses for this service will be reimbursed by ADCS at cost upon submittal of receipts or invoices with the Monthly Invoice.

4.3.2.1 Ensure that any interpreter engaged in

furtherance of this contract understands and observes confidentiality requirements as outlined in Section 4.10.1.

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4.4 Provide Expert Witness Testimony as requested by the Arizona Attorney General’s Office.

4.5 Provide the following:

4.5.1 Security; controls and procedures for the facility, specimens, computer systems and other testing related equipment must meet or exceed industry standards and requirements applicable to the laboratory's certification/accreditation (SAMHSA and/or CAP).

4.5.2 Equipment; shall meet or exceed applicable Federal and/or industry standards and requirements for the purpose intended. Equipment, used in conjunction with testing, analysis, storage, retrieval or transportation of specimens, shall be inspected, calibrated (where applicable), and maintained in keeping with manufacturer specifications or Federal requirements, whichever is more stringent.

4.5.3 Collection supplies;

4.5.4 Custody and control form completion necessary to verify and maintain chain of custody;

4.5.5 Specimen verification;

4.5.6 Testing/analysis;

4.5.7 Data interpretation;

4.5.8 Documentation/reporting of test results;

4.5.9 Quality assurance program/quality control policy;

4.5.10 Storage/retrieval and transportation of specimens (if required);

4.5.11 Monitoring and oversight of staff and subcontractors, if utilized;

4.5.12 On-going training of staff;

4.5.13 Provision of general and technical/scientific assistance; and the

4.5.14 Administration of contracted services.

4.6 Staffing

4.6.1 Accept referrals upon contract effective date and make

available adequate staff (assigned to or located in) each County awarded to handle the volume of ADCS referrals.

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4.6.2 Provide addresses of all collection sites and the number of staff providing services under this contract on the Facility Location & Staffing Chart. The Contractor shall report any changes in facility location(s) by sending a secure email providing a revised Facility Location & Staffing Chart to the assigned ADCS Contract Administrator within ten (10) days of the opening, relocating and/or closing of any facility.

4.6.3 Ensure that all staff, including employees, contractors and volunteers providing direct service to ADCS clients under this contract meet the following qualifications:

1. Have a clear Central Registry Background Check (no

“disqualifying findings”) and a Level One fingerprint clearance card prior to delivering services to ADCS clients, both to be reviewed and updated annually.

2. Have not been placed on probation or parole for the last ten (10) years from present date.

3. Have no civil, criminal, or juvenile restraining orders within the last ten (10) years from present date.

4. Have a clear pre-employment drug test result, as well as clear/negative random drug test biennially from the date of hire.

4.7 Professional Standards:

4.7.1 Staff are to be well groomed and present a professional appearance. Clothing prohibited for wear includes:

1. Any garments deemed inappropriately tight, short, or revealing (mesh tops, midriff tops, tank tops, tube tops, short shorts, workout and/or yoga pants, etc.)

2. T-shirts that have decals, slogans, or pictures that contain references to illegal substances (i.e. alcohol, drugs, etc.) or immoral behavior are not allowed. (Provider Company Logo is acceptable)

3. Pants or shorts worn below the waist to the extent that the underwear and/or skin is/could be exposed.

4. Clothing shorter than 2" above the knee

4.7.2 Staff shall treat clients and ADCS staff in a professional and courteous manner, refraining from rudeness, profanity or adverse personal gestures toward them while performing services.

4.7.3 No employee, under any circumstance, shall engage with clients in any act of sexual contact and/or sexual conduct as defined in A.R.S. § 13- 1401 and A.R.S. § 13-3551 nor make any

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4.8 Personnel File

4.8.1 Maintain the following in staff's personnel file and update annually:

4.8.1.1 Any certifications and/or training (i.e. EMT, Medical, etc.)

4.8.1.2 Central Registry Background Check results;

4.8.1.3 Level One fingerprint clearance card;

4.8.1.4 Evidence of drug testing records including pre-

employment drug testing results and random biennial drug testing results.

4.9 Service Case Records:

4.9.1 Establish and maintain a confidential service case record for each client to whom services are provided. A service case record shall include at least the following information:

4.9.1.1 Documentation of all referrals, test results, contacts, and “no shows”;

4.9.1.2 All documents related to services provided to client;

4.9.1.3 All reports and forms identified in Section 5;

4.9.1.4 Record of all contacts in person, in writing, electronically or telephonically, including but not limited to, the client, children, the Court, attorneys, mental health professionals, community agencies, and/or referring agencies;

4.9.1.5 Any significant incidents that occurred in relation to the client’s case or any incident related to or during delivery of service as noted in Section 5.1.

4.9.2 Provide the original service case record to ADCS within two (2) business days upon request from ADCS;

retain a copy of the requested service case record.

4.9.3 Retain case file for a period of five (5) years, after termination of the contract, or five (5) years after termination of the service to the family, whichever is later.

4.9.3.1 The Contractor shall delete electronic records and

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4.10 Confidentiality & System Access

4.10.1 Maintain confidentiality of case and case record at all times in accordance with:

1. ADCS policy (https://DCS.az.gov/about/DCS-policies).

2. Arizona State Library Archives Retention

Schedules (https://azlibrary.gov/arm/retention-schedules).

3. ADCS Business Associate Agreement with HITECH.

4. The Social Security Administration Privacy Act

(https://www.ssa.gov/agency/privacyact.html).

4.10.2 Contractor shall not share any information regarding, or pictures of, any client except with parties professionally involved with a given client’s case, including the referring party from ADCS. This prohibition includes but is not limited to, verbal communications and on social, printed or electronic media.

4.10.3 HIPPA/HITECH Business Associate: The Contractor

may have access to protected health information, as defined in 45 CFR 164.501. The Contractor shall sign the ADCS HITECH Business Associates Agreement.

4.10.4 SYSTEM ACCESS: The Contractor shall sign a data sharing agreement and secure access to the Guardian system within fourteen (14) days after contract award.

5.0 REPORTING REQUIREMENTS

5.1 Significant Incident Report

The Contractor shall report to the ADCS Specialist any significant incidents involving a person served under this contract. Significant incidents shall be verbally reported or sent by secure email or fax to the ADCS Specialist within two (2) hours of the occurrence, and the ADCS Significant Incident Report CSO-1151A (Exhibit 1) shall be provided within twenty-four (24) hours unless immediately requested by ADCS.

All Significant Incident Reports must also be sent to the ADCS Contracts email Contracts@azdcs.gov and reference the contract/service.

Significant incidents may include but are not limited to:

• Individual deaths

• Suicide attempts

• Self-abuse https://dcs.az.gov/about/DCS-policies https://azlibrary.gov/arm/retention-schedules https://azlibrary.gov/arm/retention-schedules https://www.ssa.gov/agency/privacyact.html mailto:Contracts@azdcs.gov

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• Physical abuse and allegations of physical abuse

• Sexual abuse and allegations of sexual abuse

• Any incident involving injury or trauma (i.e., accidents) regardless of treatment location

• Threats and/or altercation with parent, staff or child

• Damage or theft of property

• Disasters, such as major fire in the facility when clients were present or which affect individual care areas

• When medicine is administered in an emergency situation

• Police involvement

5.2 Testing Results: The Contractor shall provide

5.2.1 Initial reports of test results to the ADCS referring Specialist on the

Contractor’s website as required by Paragraph 3.3.

5.2.2 Negative results to the referring ADCS Specialist within twenty-four

(24) hours after receipt of the specimen, unless the report date is on a weekend or holiday.

5.2.3 Confirmation of positive results to the referring ADCS

Specialist within seventy-two (72) hours following receipt of specimens, unless the report date is on a weekend or holiday.

5.2.4 Reports of testing results include the client’s first name, last name, type of drug test and test frequency, and Participant Identification Number.

5.3 Quarterly Report

5.3.1 For each County contracted, one (1) individual copy of the

Quarterly Report (Exhibit 2) shall be completed and submitted to the ADCS contract administrator by the 15th day of the month following each quarter of the fiscal year.

a. Quarters are defined by the following dates: July to September, October to December, January to March, and April to June.

5.3.2 The Quarterly Report shall be submitted

electronically to: Contracts@azdcs.gov and shall reference the contract information in the subject line.

5.4 Contract Renewal

Current insurance certificates, Central Registry forms and any other documentation required by the Department for the contract renewal mailto:Contracts@azdcs.gov

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6.0 PAYMENT UNITS: Payment will not be made unless there is a valid referral or service authorization. Contract Payment Unit Rates shall include all costs associated with the provision of the service including but not limited to:

salaries, operating costs, training, materials, supplies, transportation, insurance, preparation of billing and reports, specimen collection from a regular facility, mailing kits, reporting results etc. ADCS will not pay these or any other costs separately.

6.1 Lab Testing & Collection

Source Test/Collection Oral Fluid, Blood, Urine, Hair Specimen Collection (Urban)

Oral Fluid, Blood, Urine, Hair Specimen Collection (Rural)

Oral Fluid, Blood, Urine, Hair Specimen Collection (Out of State)

Urine One (1) Four (4) Panel Urine Toxic Vapor Screen: Benzene, Toluene, Xylene, Freons

Urine One (1) Five (5) Panel Urine Drug Screen: Amphetamines, Heroin/6-AM, Marijuana, Cocaine, Opiates

Urine One (1) Five (5) Panel Opiate Drug Screen: 6-Acetylmorphine (6- AM) aka 6-Monoacetylmorphine (6-MAM), Fentanyl, Methadone, Opiates, Oxycodone

Urine One (1) Six (6) Panel Drug Screen: Cocaine, Marijuana (THC), EtG, Heroin 6-Acetylmorphine (6-AM) aka 6- Monoacetylmorphine (6-MAM), Fentanyl, Methamphetamines

Urine One (1) Nine (9) Panel Drug Screen: Fentanyl, EtG, Amphetamines, Barbiturates, Benzodiazepines, Cocaine, Marijuana, Methadone, Opiates

Urine One (1) Fentanyl Urine Test

Urine One (1) Ketamine Urine Test

Urine One (1) Oxycodone Test

Urine One (1) EtG Urine Alcohol Test

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Oral Fluid One (1) Lab Based Six (6) Panel Oral Fluid Swab Screen:

Cocaine, Marijuana, Methamphetamines, Opiates, Phencyclidine, and Alcohol

Oral Fluid

One (1) Lab Based Nine (9) Panel Oral Fluid Swab Tests: Fentanyl, Alcohol (ethanol), Amphetamines, Barbiturates, Benzodiazepines, Cocaine, Marijuana, Methadone, Opiates

Oral Fluid One (1) Alcohol (ethanol) Saliva Test

Blood One (1) Individual Genetic Paternity Testing

6.2 One (1) confirmation of positive test result: Panel/Screen/Test, utilizing GC/MS, LC/MS or an alternative method previously approved in writing by ADCS.

6.3 One (1) Hour of Expert Witness Testimony. This rate will be paid for consultation services requested by the Arizona Attorney General’s Office for Expert Witness services in dependency, guardianship and severance cases. Payment will be made upon submittal of Court case minute entry or other confirmation that Expert Witness Testimony has been delivered in an ADCS case. One Payment unit rate includes the following:

1. Preparation time for Court appearance;

2. Waiting time from scheduled arrival in Court to actual delivery of testimony and;

3. Expert witness Court testimony;

4. The rate is inclusive of driving.

Urine One (1) Heroin 6-MAM Urine Test

Urine One (1) Lab Urine Drug Screen for Synthetic Cannabinoids, such as Spice or K2

Urine One (1) Lab Urine Drug Screen for Substituted Cathinone, such as Bath Salts

Hair Five (5) Panel Hair Drug Screen: Amphetamines, Marijuana, Opiates, Cocaine, Phencyclidine

Hair

Eight (8) Panel Hair Drug Screen: Amphetamine, Methamphetamine, Cocaine, Fentanyl, Marijuana (THC), Opiates, PCP, Extended Opiates (Oxycodone, Oxymorphone, Hydrocodone, Hydromorphone)

Oral Fluid One (1) Individual Genetic Paternity Testing

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6.4 One (1) Hour of Medical Review Officer (MRO) services. Utilization of a Medical Review Officer (MRO) who must be a licensed physician with knowledge of substance abuse disorders and appropriate medical training to interpret and evaluate an individual's confirmed positive test result, medical history, and other biomedical information relevant to the review.

6.5 One (1) Post-Mortem Shipping Fee. This rate will be paid for shipping costs associated with post-mortem testing samples being sent to the lab, as requested and authorized by ADCS.

7.0 INVOICES

7.1 Invoices and supporting documentation (ADCS Laboratory Testing

Services Summary and Details Excel, Exhibit 3) shall be submitted electronically, within fifteen (15) days following the end of each service month in the Guardian platform.

7.2 Final invoices are due by the 30th day following the end of each contract year. The final invoice shall include all adjustments to invoices submitted during the immediately preceding contract year and all claims for unpaid services provided during the immediately preceding contract year.

8.0 PERFORMANCE MEASURES

8.1 ADCS will be monitoring fidelity of delivery of services, and the outcomes of this contract, based on the performance measures included in this document starting on page 23.

8.2 Contractor’s shall be expected to meet the ADCS target rates as listed that are based on the specific performance measures listed within the scope of work.

8.3 Failure to meet any of the performance metrics below or failing to meet any of the ADCS expectations as outlined in the scope of work, may result in a vendor performance report that may lead to a demand for assurance, which could lead to contract termination for default.

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Failure to meet any of the Performance Measures will result in a Demand for Assurance, and may lead to contract Termination for Default.

# Performance Measure Target Due By Performance Reporting Method

Report Frequency Reference

Make negative test results available to the referring ADCS Specialist within twenty-four

(24) hours after receipt of the specimen.

95% Within twenty-four

(24) hours of receipt of specimen.

Quarterly Report Quarterly 5.2.2

Confirm positive test results to the referring ADCS Specialist within seventy-two (72) hours following receipt of specimens.

95% Within seventy-two

(72) hours of receipt of specimen.

Quarterly Report Quarterly 5.2.3

Deliver genetic paternity sample kit(s) to correctional facilities no later than ten (10) days after referral(s).

95% Within ten (10) days of referral(s).

Quarterly Report Quarterly 3.7.1.10

Provide paternity test results no later than fourteen (14) days after last sample collection.

95% Within fourteen (14) days of last sample collection.

Quarterly Report Quarterly 3.7.1.13.1

Make available status of the sample collection and a photograph of the test subject within seventy-two (72) hours of sample collection.

95% Within seventy-two

(72) hours of sample collection;

Quarterly Report Quarterly 5.2.3

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Phoenix, AZ 85012 Definitions

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AABB: An accrediting body that has established standards of accreditation for relationship testing facilities that perform, or are responsible for the performance of the following: customer service, sample collection, testing, or result reporting of relationship testing. Originally the acronym for “American Association of Blood Banks,” the association’s full name was officially changed to the acronym “AABB” in 2005.

Arizona Department of Child Safety (ADCS): The State agency whose primary purpose is to protect children and includes the coordination of services to achieve and maintain permanency on behalf of the child.

ADCS Specialist: The ADCS employee who is responsible for the case management of services provided to the family.

ADCS Program Supervisor: The supervisor of ADCS employee who is responsible for case management services provided to the family.

Blood Draw: The method of taking blood from a person for the collection of genetic fluid.

Buccal Swab: A non-invasive method for collecting genetic material from the inside of a person’s cheek. Also known as buccal smear, Child: A person less than 18 years of age.

Client: The person(s) specified on the written referral from ADCS. This may be child(ren), parent(s), relative(s), caregiver(s), other family members or a combination thereof.

Date of Hire: The date on which an employee completes new hire paperwork (e.g., IRS form W- 4) or a sub-contractor signs a work agreement with a contractor.

Days: are calendar days unless otherwise stated.

Department, The: The Arizona Department of Child Safety (ADCS).

Genetic Paternity Testing: Genetic testing performed to exclude or establish a statistical probability of paternity of a child(ren).

Genetic Testing Process: The collection and handling of sample(s), and provisions of results of genetic paternity testing.

Medical Review Officer (MRO): A licensed physician who has a history of diagnostic work in the field of substance abuse engaged to make a detailed interpretation of possible alternative medical explanations of drug test results.

Participant Identification Number: A unique client identification number assigned by ADCS.

Referral: ADCS’s request for specific services.

Regular Facility: A facility operated or contracted by the Contractor on a regular basis for the collection and/or testing of hair, urine or saliva specimens.

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Rural Counties: Include Mohave, La Paz, Yuma, Yavapai, Coconino, Navajo, Apache, Gila, Graham, Greenlee, Cochise, and Santa Cruz Counties.

Sample or Sample Collection: The collection of hair follicles, urine, tissue or blood for testing purposes. May also refer to the material “sampled.”

Significant Incident: Any unforeseen, unexpected, or unplanned event that involves (but is not limited to ) death, injury, violence (including physical, written, or verbal threats of violence), illness, or transport to a hospital from a single incident, an injury to staff or client, the flight or disappearance of a client, property damage to a department asset or personal property, theft, vandalism, property damage that will impact clients, relatives, ADCS employees or administration, or the general public, and any other incident that may be considered newsworthy by the media or incur liability to the State of Arizona.

Significant Incident Report: A document used to record and notify ADCS personnel of a significant incident according to timelines prescribed in Arizona Administrative Code Rule 6-5- 5834 (as may be amended).

Universal Precautions: A set of infection control practices that healthcare personnel use to reduce transmission of microorganisms in healthcare settings. These practices protect healthcare personnel and patients from contact with infectious agents. Examples include hand washing, personal protective equipment, respiratory hygiene, and surface disinfection.

Urban Counties: Include Maricopa, Pinal and Pima Counties.

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Office of Procurement & Contracts

Phoenix, AZ 85012 SPECIAL TERMS AND CONDITIONS

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Special Terms and Conditions

The Special Terms and Conditions modify the Uniform Terms and Conditions and its Appendices. It can modify them by replacing, deleting, appending to, or revising the text of an existing provision or by inserting a new paragraph into an existing article. No other document modifies or adds to the Uniform Terms and Conditions, except as may subsequently be otherwise and expressly agreed and incorporated by Contract Amendment.

Definition of Terms In addition to the terms and conditions defined in the Uniform Terms and Conditions and as used in the Contract, the following terms listed shall apply:

1.1 Acceptance “Acceptance” means the document headed “Offer and Acceptance Form” bearing the State contract number once Procurement Officer has signed it to signify (1) State’s formal acceptance of the Accepted Offer and (2) the formation of the Contract. For clarity of intent, the foregoing is not to be confused with the term “acceptance” used throughout the Contract in the context of delivery, inspection, etc., with respect to Materials or Services.

1.2 Accepted Offer If State did not request a Revised Offer, then “Accepted Offer” means the Initial Offer.

If State did request a Revised Offer but not a Best and Final Offer, then “Accepted Offer” means the latest Revised Offer.

If State requested a Best and Final Offer, then “Accepted Offer” means the Best and Final Offer.

1.3 Arizona

Procurement Code;

A.R.S.;

A.A.C.

“Arizona Procurement Code” means, collectively, Title 41 Chapter 23, et.

sequitur, in the Arizona Revised Statutes (abbreviated “A.R.S.”) and administrative rules R2 7 101 et. sequitur in the Arizona Administrative Code (abbreviated “A.A.C.”).

NOTE: There are frequent references to the Arizona Procurement Code throughout the Solicitation Documents; therefore, you will need to be familiar with its provisions to be able to understand the Solicitation Documents fully.

The Arizona Department of Administration State Procurement Office provides a reference compilation of the Arizona Procurement Code on its website:

https://spo.az.gov/administration-policy/state-procurement-resource/procurement-regulations The Arizona State Legislature provides the official A.R.S. online at:

http://www.azleg.gov/ArizonaRevisedStatutes.asp The Office of the Arizona Secretary of State provides the official A.A.C.

online at:

http://www.azsos.gov/rules/arizona-administrative-code

1.4 Attachment “Attachment” means any item that:

the Solicitation required Bidder to submit as part of the relevant Offer

(e.g., Initial Offer, Revised Offer, or BAFO);

was attached to an Offer when submitted; and was included in the Accepted Offer.

https://spo.az.gov/administration-policy/state-procurement-resource/procurement-regulations https://spo.az.gov/administration-policy/state-procurement-resource/procurement-regulations http://www.azleg.gov/ArizonaRevisedStatutes.asp http://www.azsos.gov/rules/arizona-administrative-code

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1.5 Award Date “Award Date” means the date the contract is executed by the Department.

This may or may not be the same date at the “Effective Date” which is the date specified on the Offer and Award or Signature page.

1.6 Contract

Amendment

"Contract Amendment" means a document signed by Procurement Officer that has been issued for the purpose of making changes to the Contract after execution. The term “Change Order” in the eProcurement system is to be construed as being synonymous with “Contract Amendment”.

1.7 Contract Terms

and Conditions

“Contract Terms and Conditions” means these Special Terms and Conditions and the Uniform Terms and Conditions taken collectively.

1.8 Contractor “Contractor” means the Person identified on the Accepted Offer who has entered into the Contract with State.

1.9 Contractor

Indemnitor

“Contractor Indemnitor” means Contractor or any of its owners, officers, directors, agents, employees, or Subcontractors.

1.10 Department “Department” means the Arizona Department…