Drug TESTING FY 2023 Re Compete Procurement DRAFT SOLICITATION in PDF As PUBLISHED by Jim Mowery on Feb 6 2023 .pdf

PART I—SCHEDULE

DEPARTMENT OF TRANSPORTATION

DRUG AND ALCOHOL TESTING SERVICES

B.1 OVER-VIEW

Note 1: This document is merely a DRAFT-Version Drug-TESTING Solicitation No.

693JK423R500002 and accordingly does NOT constitute an official or final Solicitation. And readers of this DRAFT Solicitation are accordingly instructed to NOT submit any PROPOSALS to

DOT in response to this DRAFT Solicitation.

Note 2: HOWEVER, interested readers of this DRAFT-Version Solicitation No.

693JK423R500002 ARE asked to please do their best to e-mail their QUESTIONS and

COMMENTS regarding this DRAFT Solicitation to james.mowery@dot.gov and to

Tonya.Templeton@dot.gov and to Ginger.Wigglesworth@dot.gov by 11:30 PM Eastern Standard

Time February 19, 2023. And it is very important that each particular set of questions and comments be e-mailed SIMULTANEOUSLY to ALL THREE of the e-mail addresses given above.

Background

This is a Small-Business-Set-Aside Solicitation. Accordingly, each offeror’s average annual gross revenue, as computed over the five-year-period immediately preceding the original-publication-date of this Solicitation, must be less than the $20,500,000 Small-Business-size-standard associated with this Solicitation’s applicable NAICS Code, 621999.

DOT intends to award one and only one IDIQ Contract from this Solicitation. But DOT’s best current estimate is that the resulting IDIQ contract’s individual Task Orders would probably not subsequently be awarded more often than once-quarterly or perhaps once annually.

mailto:james.mowery@dot.gov mailto:Tonya.Templeton@dot.gov mailto:Ginger.Wigglesworth@dot.gov

The U.S. Department of Transportation (DOT) has a requirement for a contractor to provide drug collections, breath alcohol testing services and supporting functions to DOT and other entities (e.g. other federal government agencies). Services will be provided, where appropriate, in accordance with Executive Order

12564, the Omnibus Transportation Employee Testing Act of 1991, Health and Human Service Mandatory

Guideline for Federal Workplace Drug Testing Programs, the Aviation and Transportation Security Act, DOT

Drug and Alcohol Workplace Order (3910.1 series), DOT Drug and Alcohol Testing Guide and this statement of work. The contractor shall provide any other related services to support the DOT Drug and Alcohol-Free

Workplace Program.

This contract covers drug collections and breath alcohol testing services for all operating administrations within the DOT. In addition, drug collection and breath alcohol testing services for other federal government agencies may be required under this contract. This may require changes to collector instructions, forms and entail additional administrative work. This may include drug collection and breath alcohol testing requirements of DOT 49 CFR Part 40. Other agencies may obtain services under this contract by becoming a rider under this contract. The following guidelines apply:

1. Each participating agency shall directly communicate service requirements with the contractor.

2. The contractor shall deal directly with individual participating agencies on service requirements.

3. The contractor shall invoice the participating agency directly, not through DOT, for services provided.

4. Disagreements relating to specific service delivery requirements shall be resolved between participating agency and contractor.

5. The participating agency shall pay the contractor directly, not through DOT, for services.

The anticipated contract award will be a hybrid firm-fixed price and cost-reimbursable, indefinite delivery/indefinite quantity contract. The period of performance will be from October 1, 2023 through

September 30, 2028, consisting of a base year with four additional 1-year options.

Collection/testing is required in all 50 States, Puerto Rico, U.S. Virgin Islands, and certain locations in the

Western Pacific area; e.g. Guam, American Samoa, etc.

The estimated number of DOT employee collections/tests to be performed is approximately 15,000 collections for drug testing and 7,000 alcohol tests a year (this estimate includes all riders). The estimated number of DHS employee collections/tests to be performed is approximately 30,000 collections for drug testing and 27,000 alcohol test a year. Approximately 200 of these tests are emergency after hours testing.

The contractor shall participate with DOT in this effort by assisting, in a flexible and responsive manner, in establishing and modifying procedures required and assuring a high quality of performance. Specific procedures may differ somewhat from the procedures defined in the various DOT final rules for the drug and alcohol testing of transportation industry employees; i.e., Title 49 of the Code of Federal Regulations

(49CFR) Part 40 and other Operating Administration specific regulations. It is the responsibility of the contractor to be familiar with the DOT Federal Employee Workplace Testing Program policies and procedures, DOT Drug and Alcohol Workplace Order, DOT Drug and Alcohol Testing Guide. Also, procedures are, under certain circumstances, subject to negotiation with exclusive bargaining representatives of covered employees of DOT or other participating entities.

The contractor, and any subcontractor associated with this contract, will be subject to contract Quality

Assurance inspections by DOT.

B.2 SUPPLIES / SERVICES / PRICING TABLES

B.2.1 The pricing-tables displayed below show the year-by-year type-and-quantity-of-service estimates upon which each offeror’s Cost Proposal submitted in response to this Solicitation shall be based. The pricing-tables displayed below include not only type-and-quantity-estimates for contractor-work to be performed for DOT, but also type-and-quantity-estimates for contractor-work to be performed for Federal agencies, other than DOT, whom DOT allows to use this contract.

Accordingly, each offeror shall compile its Cost Proposal by filling in the offeror-company’s proposed “Unit Prices” and “Extended Estimated Total Price / Costs” into the two right-most columns of the year-by-year pricing-tables displayed below in this Section B.2.1.

HOWEVER: In the year-by-year pricing-tables displayed below, pricing-line-items (rows) that show a prescribed proposed dollar-figure in the right-most column are cost reimbursable. All other pricing-line-items (rows) shown in the year-by-year pricing-tables displayed below will have a fixed-unit-price.

• In the year-by-year pricing-tables displayed above, pricing-line-items (rows) that show a prescribed proposed dollar-figure in the right-most column are cost reimbursable.

All other pricing-line-items (rows) shown in the pricing-tables displayed above will have a fixed-unit-price.

• Custody and control forms must be obtained through the DOT or other entity designated laboratory.

• See FAR Clause 52.216-19 in Section I below.

B.2.2 Base Period: October 1, 2023 – September 30, 2024 Drug Collection and Alcohol Testing Services

CLIN Description of Supplies and Services Unit Estimated Quantity

Unit Price

Extended Estimated Total Price/Cost($)

DRUG COLLECTION

Collection - Government Facility Each 15,000 Collection - Contractor Site Each 7,000 Emergency Drug Collection Each 300

BREATH ALCOHOL TESTING (BAT)

BAT - Government Facility Each 6500 BAT - Contractor Site Each 5,000 Emergency BAT Testing Each 300

BREATH ALCOHOL TESTING FORMS (BATF)

BATF – Preparing Each 30,000

URING COLLECTION/BAT COMBINED

Collection/BAT - Government Facility Each 25,000 Collection/BAT – Contractor Site Each 9,000 Collection/BAT - Emergency Each 300

QUALITY ASSURANCE

Quality Assurance (QA) Services Hour 2,080

SCHEDULING

Scheduling Services (4 positions) Hour 8,320

PROGRAM MANAGEMENT

Program Manager Hour 2,080

PROFESSIONAL SERVICES

Professional/Technical – 5 Positions on Gov. Site Hour 10,400

CONTRACTOR TESTIMONY

Contractor Testimony Hour 100

TRANSPORTATION/SHIPPING

Transportation/Shipping Lot 1

TRAVEL 1

Travel Related Expenses -Mileage, hotel and rental space for collections, etc., as outlined under this contract

Lot 1

Collectors/Breath Alcohol Technicians – Time/Travel time

Lot

MEDICAL REVIEW SERVICES

Medical Review Services – Medical Review Each 45,000 MRO Testimony Hour 100 MRO Litigation Package Package 100

QUALITY CONTROL TESTING

Quality Control Split Specimen Each 100 Quality Control Specimen for Laboratory Testing Each 700

MISCELLANEOUS

Testing/Collection Site Cancellation Each 1000 National Health Supplies Lot 1

1000 TOTAL ESTIMATED AMOUNT – BASE PERIOD

B.2.3 Option Period One: October 1, 2024– September 30, 2025

Unit Price($)

Extended Estimated Total Price/Cost($)

DRUG COLLECTION

Collection - Government Facility Each 15,000 Collection - Contractor Site Each 7,000 Emergency Drug Collection Each 300

BREATH ALCOHOL TESTING (BAT)

BAT - Government Facility Each 6,500 BAT - Contractor Site Each 5,000 Emergency BAT Testing Each 300

BREATH ALCOHOL TESTING FORMS (BATF)

BATF – Preparing Each 30,000

URING COLLECTION/BAT COMBINED

Collection/BAT - Government Facility Each 25,000 Collection/BAT – Contractor Site Each 9,000 Collection/BAT - Emergency Each 300

QUALITY ASSURANCE

Quality Assurance (QA) Services Hour 2,080

SCHEDULING

Scheduling Services (4 positions) Hour 8,320

PROGRAM MANAGEMENT

Program Manager Hour 2,040

PROFESSIONAL SERVICES

Professional/Technical – 5 Positions on Gov. Site Hour 10,400

CONTRACTOR TESTIMONY

Contractor Testimony Hour 100

TRANSPORTATION/SHIPPING

Transportation/Shipping Lot 1

TRAVEL

Travel Related Expenses -Mileage, hotel and rental space for collections, etc., as outlined under this Contract

Lot 1

Collectors/Breath Alcohol Technicians – Time/Travel time

Lot 1

MEDICAL REVIEW SERVICES

Medical Review Services – Medical Review Each 45,000 MRO Testimony Hour 100 MRO Litigation Package Package 100

QUALITY CONTROL TESTING

Quality Control Split Specimen Each 50 Quality Control Specimen for Laboratory Testing Each 700

MISCELLANEOUS

Testing/Collection Site Cancellation Each 1000

1001 TOTAL ESTIMATED AMOUNT – PERIOD ONE

B.2.4 Option Period Two: October 1, 2025– September 30, 2026

Unit Price($)

Extended Estimated Total Price/Cost($)

DRUG COLLECTION

Collection - Government Facility Each 15,000 Collection - Contractor Site Each 7,000 Emergency Drug Collection Each 300

BREATH ALCOHOL TESTING (BAT)

BAT - Government Facility Each 6,500 BAT - Contractor Site Each 5,000 Emergency BAT Testing Each 300

BREATH ALCOHOL TESTING FORMS (BATF)

BATF – Preparing Each 30,000

URING COLLECTION/BAT COMBINED

Collection/BAT - Government Facility Each 25,000 Collection/BAT – Contractor Site Each 9,000 Collection/BAT – Emergency Each 300

QUALITY ASSURANCE

Quality Assurance (QA) Services Hour 2,080

SCHEDULING

Scheduling Services (4 positions) Hour 8,320

PROGRAM MANAGEMENT

Program Manager Hour 2,040

PROFESSIONAL SERVICES

Professional/Technical – 5 Positions on Gov. Site Hour 10,400

CONTRACTOR TESTIMONY

Contractor Testimony Hour 100

TRANSPORTATION/SHIPPING

Transportation/Shipping Lot 1

TRAVEL

Travel Related Expenses -Mileage, hotel and rental space for collections, etc., as outlined under this

Lot 1

MEDICAL REVIEW SERVICES

Medical Review Services – Medical Review Each 45,000 MRO Testimony Hour 100 MRO Litigation Package Package 100

QUALITY CONTROL TESTING

Quality Control Split Specimen Each 50 Quality Control Specimen for Laboratory Testing Each 700

MISCELLANEOUS

Testing/Collection Site Cancellation Each 1000

1002 TOTAL ESTIMATED AMOUNT – PERIOD TWO

B.2.5 Option Period Three: October 1, 2026– September 30, 2027

Unit Price($)

Extended Estimated Total Price/Cost($)

DRUG COLLECTION

Collection - Government Facility Each 15,000 Collection - Contractor Site Each 7,000 Emergency Drug Collection Each 300

BREATH ALCOHOL TESTING (BAT)

BAT - Government Facility Each 6,500 BAT - Contractor Site Each 5,000 Emergency BAT Testing Each 300

BREATH ALCOHOL TESTING FORMS (BATF)

BATF – Preparing Each 30,000

URING COLLECTION/BAT COMBINED

Collection/BAT - Government Facility Each 25,000 Collection/BAT – Contractor Site Each 9,000 Collection/BAT - Emergency Each 300

QUALITY ASSURANCE

Quality Assurance (QA) Services Hour 2,080

SCHEDULING

Scheduling Services (4 positions) Hour 8,320

PROGRAM MANAGEMENT

Program Manager Hour 2,040

PROFESSIONAL SERVICES

Professional/Technical – 5 Positions on Gov. Site Hour 10,400

CONTRACTOR TESTIMONY

Contractor Testimony Hour 100

TRANSPORTATION/SHIPPING

Transportation/Shipping Lot 1

TRAVEL

Travel Related Expenses -Mileage, hotel and rental space for collections, etc., as outlined under this

Lot 1

MEDICAL REVIEW SERVICES

Medical Review Services – Medical Review Each 45,000 MRO Testimony Hour 100 MRO Litigation Package Package 100

QUALITY CONTROL TESTING

Quality Control Split Specimen Each 50 Quality Control Specimen for Laboratory Testing Each 700

MISCELLANEOUS

Testing/Collection Site Cancellation Each 1000

1003 TOTAL ESTIMATED AMOUNT – PERIOD THREE

B.2.6 Option Period Four: October 1, 2027 – March 31, 2028 (Contract Ending Period)

Unit Price($)

Extended Estimated Total Price/Cost($)

DRUG COLLECTION

Collection - Government Facility Each 15,000 Collection - Contractor Site Each 7,000 Emergency Drug Collection Each 300

BREATH ALCOHOL TESTING (BAT)

BAT - Government Facility Each 6,500 BAT - Contractor Site Each 5,000 Emergency BAT Testing Each 300

BREATH ALCOHOL TESTING FORMS (BATF)

BATF – Preparing Each 30,000

URING COLLECTION/BAT COMBINED

Collection/BAT - Government Facility Each 25,000 Collection/BAT – Contractor Site Each 9,000 Collection/BAT - Emergency Each 300

QUALITY ASSURANCE

Quality Assurance (QA) Services Hour 2,080

SCHEDULING

Scheduling Services Hour 8,320

PROGRAM MANAGEMENT

Program Manager Hour 2,040

PROFESSIONAL SERVICES

Professional/Technical – 5 Positions on Gov. Site Hour 10,400

CONTRACTOR TESTIMONY

Contractor Testimony Hour 100

TRANSPORTATION/SHIPPING

Transportation/Shipping Lot 1

TRAVEL

Travel Related Expenses -Mileage, hotel and rental space for collections, etc., as outlined under this

Lot 1

MEDICAL REVIEW SERVICES

Medical Review Services – Medical Review Each 45,000 MRO Testimony Hour 100 MRO Litigation Package Package 100

QUALITY CONTROL TESTING

Quality Control Split Specimen Each 50 Quality Control Specimen for Laboratory Testing Each 700

MISSCELANEOUS

Testing/Collection Site Cancellation Each 1000

1004 TOTAL ESTIMATED AMOUNT – PERIOD FOUR

693JK423R500002

B-3 CLAUSES AND PROVISIONS

A. Clauses and provisions from the Federal Acquisition Regulation (FAR) and supplements thereto are incorporated in this document by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text.

B. Clauses and provisions in this document are numbered in sequence but will not necessarily appear in consecutive order.

C. Sections K, L and M will be removed from any resultant award, but Section K will be deemed to be incorporated by reference in that award.

(End of Section B)

SECTION C - DESCRIPTIONS/SPECIFICATIONS/WORK

STATEMENT

DEPARTMENT OF TRANSPORTATION

DRUG AND ALCOHOL COLLECTION TESTING SERVICES

Background

The U.S. Department of Transportation (DOT) has a requirement for a contractor to provide drug collections, breath alcohol testing services and supporting functions to DOT and other entities (e.g. other federal government agencies). Services will be provided, where appropriate, in accordance with Executive Order 12564, the Omnibus Transportation Employee Testing Act of 1991, Health and Human Service Mandatory Guideline for Federal Workplace Drug Testing

Programs, the Aviation and Transportation Security Act, DOT Drug and Alcohol Workplace

Order (3910.1 series), DOT Drug and Alcohol Testing Guide and this statement of work. The contractor shall provide any other related services to support the DOT Drug and Alcohol-Free

Workplace Program.

This contract covers drug collections and breath alcohol testing services for all operating administrations within the DOT. In addition, drug collection and breath alcohol testing services for other federal government agencies may be required under this contract. This may require changes to collector instructions, forms and entail additional administrative work. This may include drug collection and breath alcohol testing requirements of DOT 49 CFR Part 40. Other agencies may obtain services under this contract by becoming a rider under this contract. The following guidelines apply:

1. Each participating agency shall directly communicate service requirements with the contractor.

2. The contractor shall deal directly with individual participating agencies on service requirements.

3. The contractor shall invoice the participating agency directly, not through DOT, for services provided.

4. Disagreements relating to specific service delivery requirements shall be resolved between participating agency and contractor.

5. The participating agency shall pay the contractor directly, not through DOT, for services.

The anticipated contract award will be a firm-fixed price, indefinite delivery/indefinite quantity contract. The period of performance will be from October 1, 2023 through September 30, 2028, with four additional 1-year options.

Collection/testing is required in all 50 States, Puerto Rico, U.S. Virgin Islands, and certain locations in the Western Pacific area; e.g. Guam, American Samoa, etc.

The estimated number of DOT employee collections/tests to be performed is approximately

15,000 collections for drug testing and 7,000 alcohol tests a year (this estimate includes all riders). The estimated number of DHS employee collections/tests to be performed is approximately 30,000 collections for drug testing and 27,000 alcohol test a year.

Approximately 200 of these tests are emergency after hours testing.

The contractor shall participate with DOT in this effort by assisting, in a flexible and responsive manner, in establishing and modifying procedures required and assuring a high quality of performance. Specific procedures may differ somewhat from the procedures defined in the various DOT final rules for the drug and alcohol testing of transportation industry employees, i.e., Title 49 of the Code of Federal Regulations (49CFR) Part 40 and other

Operating Administration specific regulations. It is the responsibility of the contractor to be familiar with the DOT Federal Employee Workplace Testing Program policies and procedures, DOT Drug and Alcohol Workplace Order, DOT Drug and Alcohol Testing Guide. Also, procedures are, under certain circumstances, subject to negotiation with exclusive bargaining representatives of covered employees of DOT or other participating entities.

The contractor, and any subcontractor associated with this contract, will be subject to contract

Quality Assurance inspections by DOT.

C.1. Objective

The objective of this contract is for DOT to comply with Executive Order 12564 (E.O.) and the

Omnibus Transportation Employee Testing Act of 1991 (Pub. L. 102-143, Title V) ("OTETA") and other applicable laws and regulations.

The E.O. requires drug testing for certain safety- and security-sensitive employees. The

OTETA mandates that a program be established to test for use, in violation of law or Federal regulation, of alcohol or a controlled substance. The OTETA covers the employees of the

Federal Aviation Administration (FAA) whose duties include responsibility for safety-sensitive functions, and any employee within any Operating Administration (OA) of the DOT whose position requires a Commercial Driver’s License (CDL). However, should additional workplace testing needs arise of a comparable nature; these may be included under this contract. In addition, this contract may provide services to the Department of Homeland

Security (DHS) including Transportation Security Agency (TSA), Federal Air Marshals

(FAM), U.S. Coast Guard (USCG), Surface Transportation Board (STB); and other entities.

For TSA, the requirements of the Aviation and Transportation Security Act of 2002 (Pub. L.

107-71) will also apply. This may require changes to collector instructions, forms and entail additional administrative work.

C. 2. Scope

The purpose of this contract is to procure all services necessary to conduct drug and alcohol testing services for covered DOT employees and applicants. Collection/testing is required in all 50 States, Puerto Rico, the U.S. Virgin Islands, and certain locations in the Western Pacific area, such as Guam, American Samoa. Under this contract a predicted annual testing goal ranges from 15,000 to 30,000 drug collections and 7,000 to 27,000 alcohol tests.

Approximately, 300 of the annual tests are scheduled during weekends, holidays and off hours.

Approximately 200 of annual tests are emergency off -hour tests that must be completed within

4 hours of notification. The actual number of tests to be performed each year will vary depending upon such factors as random testing rate, volume of testing other than random, and testing required to support other entities outside of DOT that may participate in this contract.

Should the rate of positive tests exceed 1% for any 1-year period, the annual testing rate may be increased by the government. The number of tests required under the other types of testing varies. Reasonable suspicion and post-accident tests are expected to be approximately 1% of tests. Follow-up tests are expected to be approximately 12% and pre-employment and pre-appointment are currently about 20% of current drug tests. Pre-employment alcohol testing is not currently performed within DOT.

If DHS participates in this contract, the time period for that participation may be 1 to 5 years.

Once DHS establishes its own testing policies and procedures, there may be a decision to obtain the contract services elsewhere. DHS predicts random testing volume of 30,000 drug tests and 27,000 alcohol tests a year in approximately 550 duty locations at least 50 of which are in addition to the 950 DOT duty locations. Emergency testing requirements are expected to be about the same as DOT experience, currently under 100 events a year. Return-to-duty and follow-up testing will also be required. As TSA has a separate contract for the majority of pre-employment testing, it is anticipated that TSA Headquarter and other DHS pre-employment testing will be under 1,000 tests per year.

The impact of other entities participating in this contract cannot be estimated at this time.

However, Attachment J-9 is a list of duty locations and number of employees at each location.

Offerors are required to complete the information on Attachment J-9 to indicate the extent of proposed service coverage.

Contract services shall include, by mutual agreement of the parties, any work related to substance abuse testing, related awareness, medical review officer functions; expert witness testimony including expertise beyond collection, alcohol testing and MRO; and program design and/or advisory services which may be necessary.

C. 3. Task 1 - Drug Collection and Transportation Requirements

NOTE: DOT follows the Department of Health and Human Services (HHS) Guidelines regarding the type of testing that we conduct. If HHS approves additional types of testing

(i.e. saliva and/or hair) DOT processes and procedures will be performed in accordance to the HHS Mandatory Guidelines for Federal Workplace Drug Testing Programs.

The following are expanded or clarifying requirements to those in Section J.

The contractor shall follow the procedures as specified in Attachments J-1 thru 7 and J-16.

These procedures are subject to future revisions and clarification to ensure compliance with

DOT regulations, specific entity requirements, and applicable collective bargaining agreements.

In some instances, collective bargaining agreements may allow for the presence of a union representative during any or all of the collection/testing procedures. Guidance on these circumstances should be obtained from the Contracting Officer (CO), Substance Abuse

Awareness Testing Office (SAATO), Drug Program Coordinator (DPC), Site Coordinator (SC), or Contracting Officer’s Representative (COR). (See J-5 for definitions of DPC and SC.)

To ensure that the drug chain-of-custody and specimen control are maintained, the contractor shall follow the procedures as specified below. These procedures are subject to future revisions and clarification to assure compliance with the Department of Health and Human Services

(HHS) Guidelines (Attachment J-2) and DOT program policy requirements (Attachments J-5 thru 7 and J-15).

Collection Site Designation

The collection/testing site is the location for specified DOT employees or applicants to present themselves for the purpose of providing a drug specimen. Testing sites shall be designated by the CO, COR or DPCs. Generally, the testing site will be at one of the approximately 950 DOT duty locations throughout the 50 United States, Puerto Rico, U.S. Virgin Islands, and certain locations in the Western Pacific area. However, in a growing number of circumstances, approximately 100-200 events a year, a DOT facility will not be the most effective site to conduct collection/testing. In these instances, the DPC will arrange with the contractor for an outside testing site, when feasible. This site may be at the contractor’s facility or at a non-DOT government facility. The contractor may be asked to provide a location that is reasonably accessible to employees and meets DOT site specifications. Mobile collection/testing units may be acceptable depending on the circumstances. Collection/testing will not be performed at an employee’s/applicant’s residence or hospital. In cases in which a non-DOT/other entity worksite is used, DOT retains final approval authority of the site.

See Attachment J-9, Geographic Distribution of DOT and Other Entity Employees, for information on the duty locations of DOT employees.

The DPC or designee shall notify the contractor of the name, proposed enter-on-duty date, earliest date for testing, and city and state of applicant/employee to be tested. The contractor shall furnish the DPC or designee with a local point-of-contact name, address, and phone number for the pre-employment test. The contractor will inform the DPC or designee of the testing schedule.

The testing site shall be in commuting distance for the applicant in all but rare cases. If the contractor is not able to accommodate the testing request, or if the testing would be less expensive and can be arranged at a government facility, then the DOT or other entity and the contractor shall work out the best alternative to fit the entity's needs. The contractor must obtain DOT or other entity's prior approval for atypical testing circumstances; e.g., performing testing at a site other than the contractor's office, travel costs for collector.

Collection Site Specifications

In accordance with Health and Human Services Mandatory Guidelines for Federal Workplace programs (see attachment J-16) the contractor shall assume primary responsibility for assuring

Government and non-Government facility testing sites meet requirements. In this regard the contractor shall, at a minimum, ensure:

• The collection site has facilities that are clean, well lit, and sufficiently secure to prevent compromise during collection/testing;

• The contractor shall be responsible for arriving on site and preparing the restrooms for collection activities in sufficient time to ensure collections are not delayed;

• The contractor shall assure the portion of the facility being used for collection/testing is secured during collection and no unauthorized personnel are admitted in any part of the collection/testing area (union representatives, when requested by the employee, may be present when authorized by the COR or designee, SC or DPC).

• The contractor will notify the DPC immediately if a site fails to meet the above requirements.

• The contractor shall provide all labor, materials including authorized drug collection custody and control forms (CCF), drug collection kits, laboratory coats, and identification badges. The contractor will be responsible for preparation of these forms, obtaining DOT CO/COR approval, and printing and distribution. Drug collection kits and forms shall be obtained by the contractor from the DOT contract laboratory in sufficient time to ensure the schedule is not delayed.

• Damage to Government or non-Government facilities resulting from collector action will be the responsibility of the contractor. The Government will not provide any additional material support for performance of this contract.

Drug Collection Requirements

NOTE: DOT follows the Department of Health and Human Services (HHS) Guidelines regarding the type of testing that we conduct. If HHS approves additional types of testing

(i.e. saliva and/or hair) DOT processes and procedures will be performed in accordance to the HHS Mandatory Guidelines for Federal Workplace Drug Testing Programs.

All DOT employee/applicant drug collections shall be accomplished using split specimen procedures in accordance with Attachment J-2 and J-5. A split specimen is the result of a single void of drug into a collection container that is subsequently divided into two specimen bottles for shipping and testing. The contractor is responsible for following the same procedures for ensuring the identity, integrity, and security of the second drug specimen as are required for the first specimen.

Other entities that may participate in this contract may require that single drug specimens be taken in accordance with Attachment J-2 and J-5.

For DOT random collections, two collectors shall be provided to perform the work unless otherwise approved by DOT. Collectors of both genders shall be available, because the gender of the DOT employees providing the sample is not always identified until shortly before the actual collection. For post-accident, reasonable suspicion, pre-employment, or follow-up collections, when the gender of the donor is known with certainty before the collection is scheduled, one same gender collector shall be assigned. In some cases, random collections may involve all male or all female donors. Should this occur and two collectors are required because the collection goal exceeds ten collections at one site, both collectors may be of the same gender as the donor(s). The CO, COR or designee, DPC or designee may waive same gender collector requirements under certain circumstances.

The contractor shall adhere strictly to the schedule established by DOT and be prepared to begin collections at the requested times. The collection process is usually scheduled by DOT as close to the start of a work shift as possible. Approximately 40 percent of the work force may be on a work schedule spanning times other than 8:00 a.m. to 5:00 p.m. Although testing will usually be targeted for the start of a work shift, this will vary. The collector(s) shall arrive at the collection site at least 30 minutes before collections are scheduled to begin, in order to prepare the site to conform to HHS Guidelines (Attachment J-2). The collector(s) shall provide identification to the point-of-contact/SC and provide the SC with the donor list to be worked.

Inability to adhere to the schedule shall be reported immediately to the DPC. During the collection process, the SC will annotate the list and return it to the collector upon completion of the collection(s). This process may vary in DHS random testing.

The collector shall initiate a CCF, acceptable to HHS, DOT and the contractor laboratory, which serves as an identification document for the drug sample collected.

Upon donor's arrival at the collection site, the collector shall request the donor to present valid photo identification described below. If the donor does not have proper identification, the collector shall request the SC to make a visual identification of the donor. If the SC cannot make visual identification of the donor, the donor will be instructed to return to his/her workstation for photo identification, immediately return to the collection site, and to not stop along the way to use the restroom. The collector shall note on the CCF and notify the DPC immediately of any failure to provide proper identification. Acceptable forms of identification include:

• Employee identification with photo,

• Driver's license with photo, and

• School identification card with photo, or

• a SC’s or supervisor’s visual identification of the employee.

If the donor fails to appear at the assigned time or fails to follow procedures the collector shall contact the SC. If the SC is not able to explain or resolve the situation, the collector shall immediately contact the DPC to obtain guidance on action to be taken. The collector shall annotate the CCF in the remarks section.

The collector shall require the donor to remove any unnecessary outer garments (e.g., coat, jacket) that might conceal items or substances that could be used to tamper with or adulterate his or her drug specimen. Also, all personal belongings (e.g., purse, briefcase, etc.) must remain with outer garments. The donor may, however, retain his or her wallet. The collector directs the donor to empty his or her pockets and display the items to ensure that no items are present that could be used to adulterate the specimen. If nothing is there that could be used to adulterate a specimen, the donor places the items back into the pockets and the collection procedure continues.

If an item is found that appears to have been brought to the collection site with the intent to adulterate the specimen, the collector will immediately contact the DPC or other authorized official and a collection using direct observation procedures is used. If the item appears to be inadvertently brought to the collection site, the collector shall secure the item and continue with the normal collection procedure. The secured item is returned to the donor at the conclusion of the testing process. If the donor refuses to show the collector the items in his or her pockets, this is considered a “refusal to test”. The DPC is notified immediately. The collector shall note any unusual behavior or appearance on the part of the donor on the CCF.

The donor shall be instructed to wash and dry his or her hands prior to urination. After washing hands, he or she shall remain in the presence of the collector and not have access to water fountains, faucets, soap dispensers, cleaning agents or any other materials that could be used to adulterate the specimen. If a water source or other dispenser containing possible contaminants is present, the collector, to prohibit its use, shall tape it.

At the collection site, toilet-bluing agent shall be placed in the toilet tank, wherever possible, or the bowl so that the reservoir water in the toilet bowl will always remain blue. There should not be any other sources of water (e.g., shower, sink, etc.) in the enclosure where urination occurs.

The donor may provide his or her specimen in the privacy of a stall, or otherwise partitioned area that allows for donor privacy. A same gender collector must accompany the donor undergoing testing into the restroom. The restroom must be secured during the collection procedure. The collector remains in the restroom, but outside the stall until the specimen is collected. If the restroom is not equipped with stalls or other privacy shields, the collector shall remain outside the door of the restroom while the donor is urinating. All sources of water or other possible contaminants must be taped or otherwise secured during the collection. The donor should be asked to void into a disposable specimen container and asked not to flush the toilet until the specimen has been handed over to the collector. The donor may then flush the toilet and should then observe the collector complete the chain-of-custody procedure. The collector shall note any unusual behavior by the donor or unusual specimen characteristics, e.g.

color, odor, etc., on the CCF.

In the event where DOT's designated collection site is not accessible, and where there is a requirement for immediate specimen collection, a public restroom may be used if proper security arrangements can be maintained. The restroom should be closed to the public during the actual collection process.

Upon receiving the specimen from the donor, the collector shall determine that it contains at least 45 milliliters of drug. If there is not sufficient drug in the container, the insufficient specimen shall be discarded, and another specimen should be collected. If the donor provides an insufficient amount or is unable to provide a specimen, i.e. shy bladder, the collector shall inform the SC or DPC. The SC or supervisor will instruct the donor to drink fluids and tell him/her where to wait until ready to provide another specimen. Under no circumstance will the collector combine the results of multiple voids in order to obtain the required amount of drug to complete a drug collection. In some cases, as authorized by the DPC or SC, the donor may return to work and drink fluids at the work site. The donor has up to 3 hours to provide a specimen. In these instances, the collector shall immediately contact the SC/DPC to discuss appropriate action. It will be the responsibility of local DOT management or the DPC to direct an employee to remain at the collection site for any additional time period. Within the allowable 3-hour timeframe, the collector must annotate the CCF under the remarks section with the time of each attempt.

After the specimen has been provided and submitted to the collector, the donor should be allowed to wash his or her hands.

Immediately after collection the collector shall, in the presence of the donor, measure the temperature of the specimen, and conduct an inspection to determine the specimen’s color and identify signs of contaminants. Any unusual findings resulting from the inspection shall be included on the CCF. The time from urination to temperature measurement is critical and shall not exceed 4 minutes before obtaining a reading. If the temperature of the specimen is outside the range of 32-38 o C/90-100 o F, this gives rise to reasonable suspicion of adulteration/substitution. Another specimen shall be collected and both specimens forwarded to the laboratory. Any specimen suspected to be adulterated should always be forwarded for testing. The contractor must immediately inform the DPC or COR of any occurrence of this nature and provide specimen identification information.

Collection under direct observation should only occur when it has been authorized by the COR or designee or the DPC. Generally, direct observation will be authorized only when:

• DOT orders testing for reasonable suspicion and requires direct observation, or

• the collector has reason to believe that the specimen has been adulterated/substituted/tampered (In these cases, the contractor shall immediately contact the DPC or other authorized official to discuss appropriate action.), or

• collections are ordered under the return-to-duty and follow-up program.

The collector shall tell the donor that in order to conduct the direct observation properly, he/she must be able to tell that the drug is excreted directly from the donor's body. Authorization to observe urination is given in situations where there is reason to believe the donor may attempt to adulterate or substitute the specimen. Adulteration would involve the addition of a substance to the specimen before the specimen is given to the collector. Substitution occurs when the donor provides a specimen that is not human drug. Donors have been known to tape a plastic or latex container containing "clean" drug to the body prior to collection. This may produce an acceptable temperature. The collector must position him/herself in such a manner that he/she can see the drug pass directly from the donor's body into the collection cup. The contractor's procedure manual and training shall provide specific procedures for direct observation (See J-5-

6 and J-16).

When testing CDLs the direct observation procedures (See J-3) will be used instead of the above procedures. These direct observation procedures differ from HHS Collection Handbook

(See J-16). When these cases occur, authorization will be given from the COR, designee or

DPC.

Both the donor and the collector should keep the specimen in view at all times prior to being sealed and labeled. If the specimen is transferred to a split container, the collector shall require the donor to observe the transfer of the specimen to the specimen bottle(s) and the placement of the tamper proof seal/label(s) over the bottle cap(s) and down the sides of the bottle(s).

The identification label should contain the date, the donor's specimen number. The donor shall initial the label after it is placed on the specimen bottle.

The donor shall be asked to read and sign the CCF that contains a certification statement. The collector must annotate a refusal to sign this statement on the CCF.

The collector shall complete the appropriate chain of custody portion of the CCF. If the CCF is not properly annotated there will be penalties assessed. (See J-12)

The drug sample and appropriate copies of the CCF are now ready for shipment to the DOT contractor laboratory. The specimen shall be properly packaged for shipment (See C.10) with the appropriate copies of the CCF documents. Except in rare instances, the specimens shall be shipped at the end of the day's collections. Should the time between collection and shipment exceed 24 hours, the COR must be notified of the circumstances that caused the delay of shipping the specimens. The appropriate copies of the CCF shall be sent via overnight courier to the DPC, SAATO and/or the Medical Review Officer (MRO), immediately after the site is completed.

The collector shall return the collection site to a condition for general use, e.g. tape and collection related trash should be removed, restroom closed signs taken down, etc. Any damage should be reported to the SC.

Collection Control Requirements

In order to ensure that the drug specimens are properly identified and not accidentally confused with any other sample, the collector shall always use strict chain-of-custody procedures when collecting and transferring the specimen. While performing any part of the chain-of-custody procedures, the contractor shall assure the drug specimen and custody documents are always under the total control of the collector. If the collector must leave his or her workstation, the specimens and custody forms shall be taken with him or her, left in another collector’s custody, or must be secured in a locked area or container.

The collectors must always have the container or specimen bottle within sight before and after the donor has urinated. The container shall be tightly capped, properly sealed, and labeled.

The contractor is responsible for storing and securing drug specimens from point of receipt from donor to transfer to the courier.

The proper CCF shall be utilized for the purpose of maintaining control and accountability from initial collection to final disposition of all specimens. The form and bottle seal/label(s) will identify the specimen with a unique identification number that matches the form to the seal/label(s).

The contractor will be subject to announced and unannounced inspections conducted by DOT.

This will include, at a minimum, on-site observation of contractor personnel by DOT personnel. The contractor must be able to demonstrate at all times the effectiveness and reliability of its collection process. DOT inspections will include on-site observation of the performance of contractor personnel.

In the event that collection/chain-of-custody procedure errors are made by the contractor collection personnel and these errors result in cancellation of the test at the laboratory, the contractor will be responsible for the costs associated with that collection, as well as any cost paid by DOT for administrative costs of cancellation. In the event the error meets the criteria in

J-7 the collector must complete that training. When collector error training has been conducted, collector training certification must be submitted to the DOT before the collector resumes collections.

Under this contract, the collection contractor and/or subcontractors are not permitted to have direct communication with the DOT designated laboratory relating to DOT federal employees and applicants. The contractor must coordinate with the DOT laboratory COR to establish a mutually agreeable order and supply process. In general, this communication shall be directly between the contractor, DOT collection COR, and DOT laboratory COR, or designee.

Collection personnel must be able to answer routine questions about drug collection for drug testing and alcohol testing procedures and equipment operation. The contractor shall maintain records of the training provided (dates, persons trained, time spent, topics covered) for inspection. All training and/or retraining will be at the expense of the contractor. Contractor errors resulting in canceled specimens or tests or causing administrative consequences shall, at the discretion of the CO upon recommendation of the COR, be the subject of penalties. The contractor shall provide a current Collector/BAT Training Plan explaining how these requirements will be met as part of the proposal.

Distribution Requirements

The collector shall ship the specimens to the laboratory after completion of the collection process. The specimens shall be placed in appropriate containers (specimen boxes or padded mailers as required for shipment of bodily fluids, See C.10) that are securely sealed to eliminate the possibility of tampering. The collector shall place the appropriate copies of the CCF in the box or padded mailer containing the specimen. An outer mailing wrapper is placed around each sealed container.

Specimens must be sent via overnight courier to the laboratory at the conclusion of testing for the day, or, in unusual situations, no later than 24 hours of the completion of collection/site.

The loss of damage that occurs to improperly packaged specimens while in transit is the responsibility of the contractor. The contractor shall be responsible for all replacement collection costs (material and labor) to the extent that specimens were collected, packaged, and sent to the laboratory for analysis. The contractor is responsible for retaining written evidence of shipments, e.g. courier tracking number and number of specimens in each package, and for placing traces on lost shipments. The contractor shall report all situations requiring tracking, as well as the results of the contractor's inquiry, to the COR and DPC.

Specimens or empty specimen bottles received at the laboratory and unable to be tested because of insufficient quantity, whether due to leakage or to error on the part of the collector, will result in the non-payment of the costs associated with the collection and any administrative costs charged by the laboratory, and, at the discretion of the CO, a penalty as indicated in

Attachment J-12 will be deducted from the appropriate monthly invoice. The Government will accept the judgment of the laboratory concerning the presumed cause of the insufficient quantity specimen.

The appropriate copies of the CCF shall be distributed as follows:

Copy 1 - Package with the specimens and send via overnight courier (within 24 hours) to the DOT contractor laboratory immediately after the testing site is completed.

Copy 2 - Send in a confidential envelope to the MRO, FAA DPC, or Substance Abuse

Awareness Testing Office (SAATO) as appropriate immediately via overnight courier (no later than 24 hours) after the testing site is completed.

Copy 3 - All sub-contractors shall return copy 3 to the primary contractor to retain in accordance with Attachment J-7.

Copy 4 – Send in a confidential envelope to the SAATO immediately via overnight courier (no later than 24 hours) after the site is completed.

Copy 5 - Provided to the donor immediately after the collection process is completed.

The appropriate copies of the test list shall be distributed as follows:

• Annotated Yellow /White Test List/Copy 4 CCF – Send in a confidential envelope to the Substance Abuse Awareness Testing Office (SAATO) immediately via overnight courier (no later than 24 hours) after testing is completed.

Note: If distribution requirements are not followed, penalties will be assessed. (See attachment J-12)

Drug Collection Supplies (Custom Control Form (CCF)

All collection supplies will be supplied through the DOT laboratory contractor. Laboratory specific Federal Drug Testing Custody and Control Forms and DOT specimen collection kits shall be obtained through the contract laboratory by submitting order requests to the DOT laboratory COR. Order requests should be placed by the contractor central scheduler. In some cases, multiple forms will be used to complete one drug test. Employees are allowed 3 hours from the first attempt to complete the collection. Due to shy bladder situations, the collector shall annotate in the remarks section the number of attempts and the time. It is the responsibility of the contractor to ensure that the subcontractor has all supplies, distribution requirements, and billing instructions.

C. 4. Task 2 - Alcohol Testing Requirements

The following are expanded or clarifying requirements to those in Attachments J-1, J-3-7.

The contractor shall follow the procedures as specified in Attachments J-1-7 for all DOT employee tests and as specified below. These procedures are subject to future revision and clarification to assure continued conformance to DOT regulations, specific entity requirements, and, applicable collective bargaining agreements. In some instances, collective bargaining agreements may allow for the presence of a union representative during any or all of the collection/testing procedures. Guidance on these circumstances should be obtained from the

Drug Program Coordinator (DPC), Site Coordinator (SC), or Contracting Officer’s Technical

Representative (COR).

Alcohol Testing Site Designation

The collection/testing site is the location for specified DOT employees or applicants to present…