Drug Testing RFP Mod 2 (002).pdf

July 22, 2024 Modification 2

RFP 025 2400000491

Post-Solicitation Questions and Answers Question 1:

Would the Commonwealth consider extending the bid deadline as there is only a week between the end of the Q&A period and the proposal due date?

Answer 1:

Yes. See new timeline below:

Proposals Due Friday, August 9, 2024

Offerors Notified of Interview Selection Tuesday September 3, 2024

Interviews September 10-13, 2024

Offerors Notified of Selection Friday September 20, 2024 (Anticipated)

Contract Execution Tuesday October 15, 2024

Question 2:

Can the Commonwealth clarify the anticipated start date? Is it October 1, 2024, or January 31, 2025? Is the State allowing for a roll out period for implementing services after contract start?

Answer 2:

The anticipated statewide service date shall commence on or before January 31, 2025, The transition plan is anticipated to be incorporated in the agreement between the Parties following negotiation. The AOC hopes to successfully negotiate terms and enter into an Agreement on or before October 1, 2024.

Question 3:

Would the Commonwealth be willing to negotiate on certain administrative or technical requirements, allowing vendors time to develop required solutions?

Answer 3:

Offerors should note any exceptions to the RFP or terms and conditions in accordance with section 3.08 of the RFP. The AOC will consider all exceptions on a case by case basis. If any exceptions indicate an unwillingness or inability to negotiate, the proposal may be deemed non-responsive.

Question 4:

Please clarify the statement in section 4.00—can we bid as a primary vendor and also be included as a subcontractor in other vendors’ proposals?

Answer 4:

Yes, but only one bid may be submitted as the primary vendor.

Question 5:

What is the Commonwealth currently paying for the requested services?

Answer 5:

Please see Modification 2 Attachment 5

Question 6:

Can the Commonwealth provide a breakdown of current volumes by County?

Answer 6:

Please see Modification 2 Attachment 6.

Question 7

Can the Commonwealth provide the addresses of its current off-site collection locations?

Answer 7:

Please see Modification 2 Attachment 7.

Question 8:

What portion of the current volumes are collected by Court personnel (estimate or actuals by county, if possible)?

Answer 8:

All collections are conducted by staff of the current contracted vendor. Court personnel do not collect urine samples.

Question 9:

What is the Commonwealth’s historic positivity rate (by drug, if possible)?

Answer 9:

From January 1, 2024 to July 16, 2024, 23% (29,682) of immunoassay screen testing results have returned positive.

Question 10:

Can the Commonwealth provide the addresses of its current off-site collection locations?

Answer 10:

Please see Modification 2 Attachment 3.

Question 11:

The RFP indicates that some programs only require collections to be provided a few days per week and others require all 5 days. Can the Commonwealth provide the current schedule for each court location in terms of days and hours when collections are typically provided so we have a better sense of staffing requirements?

Answer 11:

Please see Modification 2 Attachment 3.

Question 12:

Providing GC-MS or LC-MS/MS results within 48 hours from point of collection is typically not feasible for most laboratories. Does the AOC currently receive results within 48h of collection for GC-MS or LC-MS/MS confirmations from the incumbent provider (i.e. not just enzyme immunoassay rescreen results)?

Answer 12:

Section 1.04 (C)(3)(b)(ii) is modified to as follows:

When possible, report all laboratory confirmation results within forty-eight hours of specimen collection, per All Rise Best Practice Standards. Due to shipping and laboratory processing times, this timeframe may not always be feasible. At the latest, confirmation results are expected to be reported no later than 4 business days from the date/time the confirmation is ordered by SPC staff. Any confirmation results posted after 4 business days will result in a penalty on the overall invoice.

Question 13:

Can the Commonwealth clarify if it requires third-party staff collection in all 120 counties, or if any of the counties—such as the least populated counties (e.g. ones with low weekly volumes)—would be willing to have Court staff provide all collections without the use of third-party collection staff?

Answer 13:

The offeror is expected to conduct all collections.

Question 14:

Would the Commonwealth consider oral fluid testing for trauma-informed care situations and/or when same-gender collections are not available?

Answer 14:

In 1.04 Scope of Work, section C-9, “The selected offeror must provide testing of alternate specimen types (e.g. breath, sweat, oral fluid, etc.) upon request of the AOC Department of Specialty Courts.” We are willing to consider oral fluid testing as a solution for trauma-informed care situations; however, urine is the preferred specimen per best practice, and collection technicians of both genders are expected at every collection location.

Question 15:

Would the Commonwealth be open to a rapid test device test model for preliminary screens?

Answer 15:

No. Rapid tests are currently used within our programs as a secondary, supplemental testing solution. In its Proposal, offerors are encouraged to recommend a rapid test device as an additional product or service available. Such recommendation shall be made without pricing information and shall include the assays/analytes available for such testing, as well as the specimen type to be tested. Any additional products or services offered in the Proposal must be designated on the Cost Proposal Form as an additional product or service, including a price quote.

Question 16:

Will the Commonwealth consider cutoffs other than those listed in Attachment 1?

Answer 16:

Cost proposals must be submitted for the cutoff levels listed in Attachment 1. If Offerors wish to propose alternate cutoff levels for consideration, that recommendation should be made in the Proposal with an explanation of how the alternate cutoff levels will benefit the AOC. No pricing information shall be included in the Proposal. Any additional products or services offered in the Proposal, including alternate cutoffs, must be designated on the Cost Proposal Form as an additional product or service, including a price quote.

Question 17:

Would the State consider rapid devices that mostly align with the drugs in Attachment 1, but that are missing a drug and/or contain additional drugs?

Answer 17:

Rapid tests are currently used within our programs as a secondary, supplemental testing solution. In its Proposal, offerors are encouraged to recommend a rapid test device as an additional product or service available. Such recommendation shall be made without pricing information and shall include the assays/analytes available for such testing, as well as the specimen type to be tested. Any additional products or services offered in the Proposal must be designated on the Cost Proposal Form as an additional product or service, including a price quote.

Question 18:

Toxicologists can provide consultation on results interpretation issues, possible cross-reactivity, how to interpret THC/creatinine ratios, and how biometric factors, medical conditions, and prescription drug use could impact test results. Would the AOC allow for a Contractor who provided direct access to toxicologists for interpretation assistance in place of an MRO?

Answer 18:

Yes, provision of an MRO or a ABFT certified toxicologist will be sufficient.

Question 19:

Does the Commonwealth require the vendor to bill third parties such as Medicaid on their behalf?

Answer 19:

No.

Question 20:

We understand that the AOC wants offerors to suggest a standard panel but are unsure about the parity this provides during evaluation; does the AOC have any parameters to keep competitors on the same playing field in terms of number of drugs or types of drugs? Is the assumption that the panel will be generally in line with the current standard immunoassay panel in Attachment 1 with the possibility of a few deviations?

Answer 20:

Cost proposals must be submitted for the standard immunoassay panels listed in Attachment 1.

If Offerors wish to propose an alternate panel(s) for consideration, that recommendation should be made in the Proposal with an explanation of how the alternate panel(s) will benefit the AOC without pricing information. Any additional products or services offered in the Proposal, including alternate panels, must be designated on the cost proposal form as an additional product or service, including a price quote.

Question 21:

If text message notifications are not immediately available at contract rollout but can be developed, would the AOC allow for phone and web check-in in the interim?

Answer 21:

Yes.

Question 22:

In section 4.03 the RFP indicates that any qualifications or reservation retaining the option of accepting, modifying or rejecting an offered contract shall be cause to render the proposal not firm and ineligible; further in section 5.01 point #4 the RFP indicates that imposition of conditions which modify the T&C or limit the offeror's liability may also disqualify a proposal.

However, language appearing in section 8.04 appears to say additional T&C may be considered non-responsive or may be negotiable, and in section 4.01 in point #11 about Transmittal Letter contents, the RFP seems to indicate that requesting deviations or exceptions are allowable.

Would the AOC allow for requests for modification or exception that could be discussed following award during a contract negotiation period?

Answer 22:

Offerors should note any exceptions taken with any part of the RFP, as required in section 3.08.

If any exceptions are stated to be non-negotiable, proposals may be deemed non-responsive.

Question 23:

Who is the incumbent provider?

Answer 23:

AverTest, Inc.

Question 24:

Is the current provider meeting all program expectations?

Answer 24:

The current provider is providing services satisfactorily.

Question 25:

What is the current (average) result turnaround time for collections YTD?

Answer 25:

Immunoassay results are typically reported within 48 hours of collection. Confirmation results typically report within 4 business days of the date the confirmation is ordered.

Question 26:

Does the AOC like the current free-standing office locations? Would the AOC prefer additional free-standing collection locations? If yes, where?

Answer 26:

The current free-standing office locations are sufficient for existing needs. Additional free-standing collection locations is not a requirement and should not be included in the base proposal or cost form.

Question 27:

Can you provide (an estimate) of how many results were MRO reviewed in the last year?

Answer 27:

Zero. The current vendor provides access to a certified toxicologist.

Question 28:

Is the intent for the MRO to “overturn” results based on medications or provide consultation on medications and cross reactivity only?

Answer 28:

The Intent for the MRO or toxicologist is to provide consultation on results, interpretation issues, possible cross-reactivity, how to interpret THC/creatinine ratios, and how biometric factors, medical conditions, and prescription drug use could impact test results.

Question 29:

Is the AOC allowing a “rolling” start, meaning the new provider can bring counties live throughout the October 1, 2024 – January 31, 2025, period or is the expectation that all

Counties “go live” with a new provider on the same day?

Answer 29:

The transition period will be negotiated and scheduled with the selected vendor, with all locations expected to be live by January 31, 2025.

Question 30:

Will there be an expectation of the current provider to work with a new provider on transitioning Counties? What expectations of coordination would the AOC have for both parties?

Answer 30:

The anticipated start date is January 31, 2025. After the contract is awarded, there will be a transition period wherein implementation discussions can take place and a soft handoff from our current vendor can occur.

July 12, 2024 Modification 1

RFP 025 2400000491

Post-Solicitation Questions and Answers

Question 1:

Volume in section 1.02, p.5: Based on January 1-April 30, 2024 data, the KY AOC volume is trending to be roughly 225,000 samples for 2024. Could the AOC elaborate on where the increased anticipated volume of 249,301 might originate?

Answer 1:

The anticipated volume of 249,301 for 2024 originated from an evaluation of Specialty Court program growth rates through 2023. As a result of this evaluation, we estimated an overall increase of roughly 25% in collections throughout 2024.

Question 2:

Region specifics, p. 5-9: Currently Lyon and Livingston County Drug Courts are served at other county locations. Further, Larue, Gallatin, Bracken, and Fleming Counties are not currently served. Will additional collection locations be required in these counties for this solicitation term?

Answer 2:

As the caseload census of individual programs can change over time, the selected offeror is expected to add collection locations on an ad hoc basis during the solicitation term. Per 1.04 B-

3. “… As additional Specialty Court programs open across the state, the selected offeror must be able to meet the demand and begin testing in new programs within 30 days of notification from the AOC.”

Question 3:

1.03 Minimum Requirements A CAP-FDT accreditation is the industry standard for criminal justice drug/alcohol testing, while SAMHSA was developed specifically for federal workplace testing. SAMHSA only covers five drug classes and has higher cutoffs for some of the drug classes, such as Opiates, so you will potentially miss abused drugs. It does not regulate more currently abused drugs, such as Fentanyl, Gabapentin, ETG, Kratom, Synthetic Drugs, and others. Therefore, a CAP-FDT laboratory accreditation should be required.

Answer 3:

Section 1.03 (A) is modified as follows:

The offeror must be a Substance Abuse and Mental Health Services Administration (SAMHSA), Clinical Laboratory Improvement Amendments (CLIA), and/or a College of American Pathology

– Forensic Drug Testing (CAP-FDT) certified laboratory or contract with SAMHSA, CLIA, or CAP-

FDT certified laboratory to provide testing services.

Question 4:

1.04 Scope of Work, Section D: Database & Data Exchange #5, p.16: Providing a Physical Collection Log Sheet is not a current practice. Is an electronic Check-in record acceptable under this condition?

Answer 4:

A physical collection log sheet containing participant signature/initial and identifying collection information, as outlined in section 1.04, is preferred; however, alternative solutions, including but not limited to a collection process that involves collecting a digital signature, will be considered.

Question 5:

1.04 Scope of Work, Section C: Testing Requirements, Section 7.c: Please confirm that positive immunoassay screens can be held for 30 days while positive LC/MS/MS specimens shall be retained for 1 year. To align with Best Practice, any positive immunoassay test requiring confirmation should be ordered following a denial of use as soon as possible.

Answer 5:

This is correct.

Question 6:

1.04 Scope of Work, Section E: Medical Review Officer: A Medical Review Officer (MRO) is typically used in workplace testing to review and interpret drug screen results, particularly to determine if a legitimate prescription can explain a positive drug test result. MROs are required to interview the client/participant and may contact the prescribing physician to verify the legitimacy of the prescription and ensure it matches the drug screen results. An MRO requires extensive cooperation and collaboration to provide accurate responses and guidance to Drug Courts. A Toxicologist certified by the American Board of Forensic Toxicology (ABFT) is qualified to provide expert guidance on the impact of prescriptions on drug screening results. Is a Toxicologist certified by the ABFT sufficient for this contract?

Answer 6:

Provision of an MRO or a ABFT certified toxicologist will be sufficient.

Question 7:

4.00 Proposal Submittal: Are ZIP files acceptable when emailing our proposal submissions?

Answer 7:

YES. Google Doc links will also be accepted.

Question 8:

Panels on Pricing Document: The current panels utilized by the ACO have gabapentin, Mitragynine and fentanyl in a rotation. Would the AOC prefer to continue with the 3-panel rotation or have 1 larger standard panel as listed in the panel/pricing document?

Answer 8:

The 3-panel rotation is sufficient for current program needs; however, we are open to discussing options for a more comprehensive panel.

Question 9:

1.04 Scope of Work, No 8. – Rapid Testing: What is the volume of Rapid Tests? There are hundreds of various configurations of rapid tests. What drugs should be included on the rapid test?

Answer 9:

Rapid tests are currently used within our programs as a secondary, supplemental testing solution. Volume will vary based on individual program needs, but statewide requests for rapid test will not exceed 2000 rapid test devices per year.

Question 10:

Would this be for the entire state?

Answer 10:

Yes. Offerors are expected to be able to implement in all 120 counties.

Question 11:

Does the state require the lab performing these UDS to have any certifications such as

SAMHSA?

Answer 11:

The offeror must be a Substance Abuse and Mental Health Services Administration (SAMHSA), Clinical Laboratory Improvement Amendments (CLIA), and/or a College of American Pathology

– Forensic Drug Testing (CAP-FDT) certified laboratory or contract with SAMHSA, CLIA, or CAP-

FDT certified laboratory to provide testing services.

Question 12:

Where can I locate the Scope of Work for the above RFP? The attachments included on the website do not address the scope of the project.

Answer 12:

Scope of Work is addressed in section 1.04 of Attachment 4 RFP Terms & Conditions, titled “Scope of Work.”

Question 13:

Is KY AOC seeking to separate Shelby/Spencer into two separate collection sites?

Answer 13:

Yes. Further, the offeror should be capable of serving participants in all 120 counties. Collection locations in some counties may ultimately not be necessary due to varying program census;

however, as program census can change over time, the offeror should be prepared to implement additional collection sites upon request.

Table of Contents

Section 1 – Background and Scope

1.00 Background

1.01 Purpose

1.02 Current Environment

1.03 Minimum Requirements

1.04 Scope of Work

Section 2 – Administrative Overview

2.00 Issuing Office

2.01 Method of Award

2.02 Schedule of RFP Activities

2.03 Duty to Inquire

2.04 Offeror Responsible for Proposal Language

2.05 Instructions and Restrictions on Communications

2.06 RFP Addenda

2.07 Offer of Gratuities

2.08 Proposal Submittal

2.09 Modification or Withdrawal of Proposal

Section 3 – Procurement Rules and Requirements

3.00 Rules of Procurement

3.01 AOC Not Responsible for Preparation Costs

3.02 Waiver of Minor Irregularities

3.03 Best and Final Offers

3.04 Clarification of Proposals

3.05 Certification Regarding Debarment and Suspension

3.06 Certificate of Authority

3.07 Offeror Response and Public Inspection

3.08 Offerors’ Exception to Specifications

3.09 Basis of Price Quotation/Revisions – Price Firm for Initial Period

Section 4 – Development of the Proposal

4.00 Proposal Submission

4.01 Format of Proposal

4.02 Tax

4.03 Offers to be Firm

4.04 Offeror’s Representations

Section 5 – RFP Evaluation

5.00 Proposal Evaluation

5.01 Responsiveness of Proposal

5.02 Responsibility of the Offeror

5.03 Proposal Scoring Criteria

Section 6 – Interviews

6.00 Use of interviews to Verify/Expand on Proposal

6.01 Right to Reject Based on Interviews

6.02 Interview Evaluation Criteria

Section 7 -- Negotiation

7.00 Negotiation

7.01 Items to be Negotiated

7.02 Best and Final Offers

Section 8 – Ranking of Proposals and Award of Contract

8.00 Method of Award

8.01 Total Points Possible for Award

8.02 Collusive Bids

8.03 Rejection of All Offers

8.04 Agreement Between Parties

8.05 Protest

Section 9 – Standard Terms and Conditions

9.00 Effective Date

9.01 Contract Components and Order of Precedence

9.02 Contract Term and Renewal Option

9.03 Changes and Modifications to the Contract

9.04 Notices

9.05 Equipment/Condition

9.06 Addition or Deletion of Items or Service

9.07 Delivery, Transportation and Packaging

9.08 Inspection

9.09 Penalty for Late Delivery

9.10 Service Performance

9.11 Personnel

9.12 Substitution of Key Personnel

9.13 Permits and Licenses

9.14 Purchasing and Specifications

9.15 Confidentiality of Data

9.16 Advertising

9.17 Insurance

9.18 Invoices for Fees

9.19 Terms for Prompt Payment

9.20 Travel Expenses

9.21 Other Expenses

9.22 Cancellation

9.23 Cancellation for Default

9.24 Termination for Convenience of the AOC

9.25 Termination Notice

9.26 Termination – Contractor Responsibilities

9.27 Funding Out Provision

9.28 Force Majeure

9.29 Assignment

9.30 Indemnification

9.31 Choice of Law and Forum

9.32 Authorized to do Business in Kentucky

9.33 Conflict-of-Interest Laws and Principles

9.34 Access to Records

9.35 Equal Employment Compliance

9.36 Social Security

9.37 Violation of Tax and Employment Laws

REQUEST FOR PROPOSALS

and

INSTRUCTIONS TO OFFERORS

Kentucky Court of Justice

Administrative Office of the Courts

Drug Testing Services for Specialty Court Programs

RFP # 2023-571

This document constitutes a Request for Proposals (RFP) from qualified individuals and organizations to furnish drug testing services as described herein and in the attachments hereto for the Kentucky Administrative Office of the Courts (AOC).

A contract based on this RFP may or may not be awarded. Any contract award from this RFP is invalid until properly approved and executed by the AOC.

DEFINITIONS

The term “AOC” means the Administrative Office of the Courts.

The term “KCOJ” means the Kentucky Court of Justice.

The term “solicitation” means Request for Proposals (RFP).

The term “Department of Specialty Courts” means the AOC Department of Specialty Courts, which oversees all Specialty Courts programs statewide.

The term “Specialty Courts program” means the individual, judge led program administered locally to specialty court participants.

The term “CCF” means Chain of Custody Form.

The term “MRO” means Medical Review Officer.

SECTION 1 – BACKGROUND AND SCOPE

1.00 Background

Since the founding of the Commonwealth, the Judicial Branch has been an independent branch of government, separate from the Executive and Legislative branches and from county and city governments. The Judicial Article to the Kentucky Constitution, passed in 1975 and effective in

1976, established Kentucky’s current unified court system. The 1975 Judicial Article created the

Supreme Court of Kentucky and made the Chief Justice of the Commonwealth the administrative head of the state court system, also known as the Kentucky Court of Justice.

The Kentucky Court of Justice (KCOJ) is comprised of two trial courts, Circuit Court and District

Court, and two appellate courts, the Court of Appeals, and the Supreme Court. The

Administrative Office of the Courts (AOC) is the administrative and operational arm of the KCOJ.

The responsibilities of the AOC include administering the judicial branch budget; building and maintaining court facilities; maintaining court statistics; providing technology services for the

KCOJ; providing educational programs for judges, circuit court clerks, and support staff;

providing specialty courts and other statewide programs; and administering personnel policies and payroll. The AOC issues solicitations and enters into contracts to purchase goods and services needed throughout the KCOJ.

1.01 Purpose

The AOC Department of Specialty Courts oversees treatment court programs throughout the

Commonwealth, including drug courts, mental health courts, and veteran’s treatment courts.

Collectively referred to as Specialty Court programs, these programs are similarly structured and supervised and have the same goal — to give eligible participants the opportunity to make positive changes in their lives. The services provided by these programs include oversight by a judge, case management, treatment, and drug testing. Specialty Court programs are provided by the AOC. The AOC contracts and pays for any treatment, drug testing and case management services not otherwise covered by Medicaid and/or grant funds, and no fees are charged to defendants to participate in the program.

The AOC issues this Solicitation with the intent of contracting with one or multiple vendor(s) to provide a drug testing solution for Specialty Court program participants.

1.02 Current Environment

The AOC currently contracts with an outside vendor for collection and lab drug testing services.

The number of collections for 2023 was 198,222. The anticipated number of collections for

2024 is 249,301.

The current vendor employs a regional approach for conducting collections, dividing the 120-county service area into three (3) smaller regions for ease of implementation. The regions are listed below:

REGION 1

KY AOC - Allen County Drug Court

KY AOC - Barren/Metcalfe County Drug Court

KY AOC - Breckinridge County Drug Court

KY AOC - Butler County Drug Court

KY AOC - Caldwell County Drug Court

KY AOC - Calloway County Drug Court

KY AOC - Carlisle/Ballard County Drug Court

KY AOC - Christian County Drug Court

KY AOC - Clinton County Drug Court

KY AOC - Crittenden County Drug Court

KY AOC - Cumberland County Drug Court

KY AOC - Daviess County Drug Court

KY AOC - Edmonson County Drug Court

KY AOC - Fulton/Hickman County Drug Court

KY AOC - Graves County Drug Court

KY AOC - Grayson County Drug Court

KY AOC - Henderson County Drug Court

KY AOC - Hopkins County Drug Court

KY AOC - Larue County Drug Court

KY AOC - Logan County Drug Court

KY AOC - Lyon County Drug Court

KY AOC - Marshall County Drug Court

KY AOC - McCracken Drug Court

KY AOC - Meade County Drug Court

KY AOC - Monroe County Drug Court

KY AOC - Muhlenberg/McLean County Drug Court

KY AOC - Ohio County Drug Court

KY AOC - Simpson County Drug Court

KY AOC - Todd County Drug Court

KY AOC - Trigg County Drug Court

KY AOC - Union County Drug Court

KY AOC - Warren County Drug Court

KY AOC - Webster County Drug Court

REGION 2

KY AOC - Adair County Drug Court

KY AOC - Anderson County Drug Court

KY AOC - Bourbon County Drug Court

KY AOC - Boyle County Drug Court

KY AOC - Bullitt County Drug Court

KY AOC - Casey County Drug Court

KY AOC - Clark County

KY AOC - Fayette County Drug Court

KY AOC - Fleming County Drug Court

KY AOC - Franklin County Drug Court

KY AOC - Garrard County Drug Court

KY AOC - Hardin County Drug Court

KY AOC - Harrison County Drug Court

KY AOC - Jefferson County Drug Court

KY AOC - Jessamine County Drug Court

KY AOC - Knox County Drug Court

KY AOC - Laurel County Drug Court

KY AOC - Lincoln County Drug Court

KY AOC - Marion/Washington County Drug Court

KY AOC - McCreary County Drug Court

KY AOC - Mercer County Drug Court

KY AOC - Nelson County Drug Court

KY AOC - Nicholas County Drug Court

KY AOC - Oldham/Trimble County Drug Court

KY AOC - Pendleton County Drug Court

KY AOC - Pulaski County Drug Court

KY AOC - Robertson County Drug Court

KY AOC - Rockcastle County Drug Court

KY AOC - Russell County Drug Court

KY AOC - Scott County Drug Court

KY AOC - Shelby/Spencer County Drug Court

KY AOC - Taylor/Green County Drug Court

KY AOC - Wayne County Drug Court

KY AOC - Whitley County Drug Court

KY AOC - Woodford County Drug Court

REGION 3

KY AOC - Bath County Drug Court

KY AOC - Bell County Drug Court

KY AOC - Boone/Campbell/Kenton County Drug Courts

KY AOC - Boyd County Drug Court

KY AOC - Bracken County Drug Court

KY AOC - Breathitt County Drug Court

KY AOC - Carroll County Drug Court

KY AOC - Carter County

KY AOC - Clay County Drug Court

KY AOC - Estill County Drug Court

KY AOC - Floyd County Drug Court

KY AOC - Gallatin County Drug Court

KY AOC - Grant County Drug Court

KY AOC - Greenup County Drug Court

KY AOC - Harlan County Drug Court

KY AOC - Jackson County Drug Court

KY AOC - Johnson County Drug Court

KY AOC - Knott County Drug Court

KY AOC - Lawrence County Drug Court

KY AOC - Lee/Owsley County Drug Court

KY AOC - Leslie County Drug Court

KY AOC - Letcher County Drug Court

KY AOC - Lewis County Drug Court

KY AOC - Madison County Drug Court

KY AOC - Magoffin County Drug Court

KY AOC - Martin County Drug Court

KY AOC - Mason County Drug Court

KY AOC - Montgomery County Drug Court

KY AOC - Morgan County Drug Court

KY AOC - Owen County Drug Court

KY AOC - Perry County Drug Court

KY AOC - Pike County Drug Court

KY AOC - Powell County Drug Court

KY AOC - Rowan County Drug Court

KY AOC - Wolfe County Drug Court

In a majority of programs, collection of urine and oral fluid specimens is conducted within judicial centers or Specialty Court program offices; however, due to the volume of participants in need of services, the current vendor has obtained standalone collection locations in Fayette, Jefferson, and Hardin counties. There are some programs where an indoor collection location on weekend and/or holiday test dates may be unavailable. In these circumstances, testing either is not scheduled or is conducted via oral fluid testing in a designated location outside of the normal collection site.

The current vendor offers both immunoassay screening and confirmation testing of drug testing specimens. The current screening panels and associated cut-off levels for both immunoassay and confirmation screenings are included herein as Attachment 1. Offerors should familiarize themselves with the format and be prepared to submit a similar listing of the available substances and cut-off thresholds provided by the offeror.

The AOC is currently under contract with CaseWorx for the development and implementation of a statewide case management system for Specialty Court programs. The case management system is anticipated to be live across the Commonwealth by December of 2024.

This request for proposals relates to the provision of drug testing collection and testing services for Specialty Court program participants from all 120 counties in the Commonwealth of Kentucky.

A regional approach to providing drug testing services is preferred. The offeror will develop an implementation plan and include the plan in its proposal.

1.03 Minimum Requirements

A. The offeror must be a Substance Abuse and Mental Health Services Administration

(SAMHSA) and/or Clinical Laboratory Improvement Amendments (CLIA) certified laboratory or contract with a SAMHSA and/or CLIA certified laboratory to provide testing services.

B. The offeror’s certified laboratory must employ a full-time American Board of Forensic

Toxicology certified Toxicologist.

C. The offeror must employ or contract a licensed physician to act as a Medical Review Officer.

D. The offeror must have previously implemented urine collection and testing services for a court program on a statewide basis or in a similarly sized jurisdiction.

1.04 Scope of Work

The selected offeror is responsible for implementing a state-wide drug test collection and testing program on or before January 31, 2025 and thereafter providing the following goods and services to Specialty Court programs throughout the contract period:

A. Notification System and Randomized Testing Schedule

1. The selected offeror must provide a statewide toll-free call-in system. Participants must be able to call this number daily to find out whether they have been randomly selected for drug testing. The call-in system must be made available seven days per week and must be able to accommodate at least 5,000 calls daily from various locations throughout the state. These services are expected to be complete and functional by the effective date of the contract.

2. The selected offeror must provide an automated random selection mechanism to ensure the random and unpredictable nature of the drug testing schedule. The selected offeror’s call-in system must have the ability to select and electronically submit a listing of selected participants for each dedicated Specialty Court program to the AOC

Department of Specialty Courts’ case management system. The random selection mechanism must have the capability to download a random pool listing from each of the Specialty Court programs monthly, weekly, or at the discretion of the AOC

Department of Specialty Courts. Collection timeframes will vary for each Specialty Court program. The selected offeror’s system must be able to accommodate all Specialty

Court programs separately and discreetly.

3. The selected offeror must provide a minimum of two specimen collections per Specialty

Court program per week. Collections dates for each Specialty Court program must be randomized. Participants may be required to test up to three times per week in the discretion of the Specialty Court judge. Specialty Court program staff will review the monthly schedule to ensure no apparent scheduling conflicts exists and may request alterations to the schedule or request additional testing dates to meet program needs.

4. The selected offeror must use a text messaging service to notify Specialty Court program participants they are required to test on the morning of their scheduled collection.

B. Specimen Collections

1. The selected offeror must perform on-site collection of urine and other drug testing specimens. Collections will be conducted in a location designated and approved by the

AOC Department of Specialty Courts. The AOC Department of Specialty Courts will address space concerns with the selected offeror prior to contract execution. Though not required, offeror’s ability to provide testing locations will be considered when evaluating proposals.

2. Each Specialty Court program operates independently of all other programs and courts.

Each Specialty Court program will require specimen collections to occur a minimum of two days per week. Due to the number of Specialty Court programs in each county, varying caseload sizes among programs, and the expectation of random and unpredictable drug testing schedules, the selected offeror may be required to be present for collection for up to five days per week in each county. A sample collection schedule is attached as Attachment 2.

3. At least one Specialty Court program is located in each of the 120 counties across the

Commonwealth of Kentucky. As additional Specialty Court programs open across the state, the selected offeror must be able to meet the demand and begin testing in new programs within 30 days of notification from the AOC.

4. The selected offeror must provide both male and female collection technicians to perform directly observed urine collections at each specified Specialty Court program site. Unless it is determined that trauma-informed care is needed, only same sex collections are permitted. Directly observed collection by same sex collectors is required. Collections that are not directly observed will not be accepted. In the event both male and female collection staff cannot be provided on a collection date, the selected offeror must notify the AOC Department of Specialty Courts in writing at least

24 hours prior to the scheduled collection and schedule a make-up date within seven days. If it is determined that trauma-informed care is needed, Contractor must provide collection technicians and collection services that align with trauma-informed best practices and standards.

5. In the event a collection technician does not report to work on a scheduled collection date and a replacement technician cannot be provided during the testing window, it is the responsibility of the selected offeror to immediately notify the AOC Department of

Specialty Courts. If a collection technician fails to appear during a collection window three or more times during a month, a 5% penalty on the total invoice amount will be imposed.

6. During collections, each collection technician must wear attire appropriate for the position (e.g. scrubs; lab coat; etc.) and have displayed on his/her person an identification tag. This tag will include the employee’s name or ID number and the selected offeror’s name and telephone number.

7. The selected offeror will ensure collection technicians are trained in proper collection procedures. Documentation detailing all collection procedures must be posted at the collection site and be made available upon request.

8. Removal/disposal of urine and other waste generated during the collection process is the responsibility of the selected offeror.

9. The selected offeror must not charge for attempted collections resulting in no collection of specimen(s).

C. Testing Requirements

1. Laboratory Certification

a. The selected offeror must be a Substance Abuse and Mental Health Services

Administration (SAMHSA) and/or Clinical Laboratory Improvement Amendments

(CLIA) certified laboratory or contract with a SAMHSA and/or CLIA certified laboratory to provide testing services.

b. The selected offeror’s certified laboratory must employ a full-time American Board of Forensic Toxicology certified Toxicologist.

c. All immunoassay drug screens and confirmation testing must be performed by the same SAMHSA and/or CLIA certified laboratory operated by or contracted with the selected offeror.

2. Testing Frequency

Each Specialty Court program will require specimen collections to occur a minimum of two (2) days per week. Each Specialty Court program participant will be required to up to three times per week, with all participants testing an average frequency of two instances per week. Due to varying caseload sizes among programs and the expectation of random and unpredictable drug testing schedules, the selected offeror may be required to be present for collection up to five (5) days per week in each location.

3. Results Reporting

a. All test results must be made available to the Specialty Court program via e-mail, web access, database, or other transmission means as identified and approved by the AOC Department of Specialty Courts.

b. The selected offeror must report test results as follows (all time periods are averages and do not include weekends and holidays):

i. Report all negative immunoassay results by the next business day following specimen collection.

ii. Report all laboratory confirmation results within forty-eight hours of specimen collection, per All Rise Best Practice Standards.

4. Specimen Collection and Shipping Supplies

a. The selected offeror must provide all necessary supplies for the collection of urine specimens within the cost of the submitted bid.

b. Supplies include but are not limited to:

i. Sterile containers with a capacity of at least 90 ml and matching container lids

ii. Chain of custody forms

iii. Temperature strips

iv. Gloves

v. Shipping materials, including shipping bags and labels.

c. The selected offeror must furnish postage for overnight delivery, transportation, and supplies including labels, mailing containers, chain of custody forms, etc.

d. The selected offeror must ensure supplies are appropriately stocked to conduct routine collections.

e. The selected offeror must provide specimen collection and shipping supplies upon request to Specialty Court programs for random specimen collections conducted by

AOC staff.

5. Chain of Custody

a. The selected offeror must provide a chain of custody form (CCF) that accounts for every individual handling a specimen from the time of specimen collection through disposal of the specimen following testing. This documentation must accompany all test results reported to a Specialty Court program.

b. The CCF may, from time to time, be updated to meet the requirements established by the AOC Department of Specialty Courts. The documentation must include, at a minimum:

i. Name (both legibly printed and with signature) of person receiving specimen

ii. Certification that specimen was received in the laboratory from the courier intact, with seals unbroken.

iii. Each person who handles the specimen must record their name (both legibly printed and with signature), time received, time released, reason for handling, and the results of the test.

c. The CCF must also incorporate lines for information that will be gathered at the collection site, such as name of the collection technician and donor (both legibly printed and with signature), date and time specimen was given/collected, and certification that the specimen was sealed in the presence of the donor.

d. An offeror may propose an electronic CCF (eCCF) process; however, the offeror is responsible for providing a detailed overview of their eCCF processes and demonstrating the eCCF is forensically defensible and follows evidentiary standards.

6. Immunoassay Screen Testing

a. The selected offeror(s) must test for the full range of substances that are commonly abused by persons with substance use disorders. At a minimum, the selected offeror will conduct urine specimen collections and standard immunoassay urine testing and laboratory confirmation via liquid chromatography–mass spectrometry (LC-MS/MS) and/or gas chromatography mass spectrometry (GC-MS/MS).

b. The selected offeror must also provide the option for customizable test panels at the discretion of the AOC Department of Specialty Courts.

c. The selected offeror must provide a listing of substances available for immunoassay urine screening and the cut-offs for each substance.

7. Confirmation Testing

The selected offeror must provide LC-MS/MS and/or GC-MS/MS urine testing.

a. Confirmation testing will be provided separately from immunoassay testing, upon request by Specialty Court program staff.

b. Confirmation must occur at a SAMHSA and/or CLIA certified laboratory either owned by or under contract with the selected offeror.

c. All positive specimens must be retained for a period of no less than twelve (12) months.

d. The selected offeror must provide a listing of substances available for confirmation testing and the cut-offs for each substance.

8. Rapid Testing

Offerors capable of providing rapid testing are encouraged to include the assays/analytes available for such testing, as well as the specimens available for such testing on the cost proposal form attached hereto as Attachment 3.

9. The selected offeror must provide testing of alternate specimen types (e.g. breath, sweat, oral fluid, etc.) upon request of the AOC Department of Specialty Courts.

D. Database and Data Exchange

1. Upon execution of the contract, the selected offeror must have in place working data structures and processes to support the exchange of information with the Specialty

Court programs and designees. The selected offeror must provide the following information via data exchange:

a. Participant information including:

i. First and last name

ii. Date of specimen collection

iii. Account

iv. Location ID

v. Client ID

vi. Test type

vii. Specimen type

viii. Specimen ID

b. Test event information, including

i. Date/time of immunoassay screen

ii. Date/time of confirmation test

iii. Testing officer

iv. Testing reason

v. Testing kit type

vi. Drug class & Analytes

vii. Cut-off levels

viii. Test kit ID number

ix. Chain of custody ID

c. This information must be transmitted to the Specialty Courts program handling the case or designee. The AOC Department of Specialty Courts reserves the right to require additional information to be captured and exchanged.

2. The selected offeror must provide a flat file of urine drug screen laboratory analysis results to the Specialty Court program or designee on a regular basis via FTP. The AOC

Department of Specialty Courts will provide required data fields. Statistical Reports must include at a minimum:

a. Drug test results by participant

b. Consolidated drug test results of individuals by state, jurisdiction, and/or by individual Specialty Court program

c. Positive rates for any drug

d. Positive rates per drug type

e. Positive rates for any drug by reason of test (random, court ordered or cause)

f. Cancelled tests by reason of cancellation

g. Percentage of tests, per drug type, where lab result does not correspond with rapid test result

h. Counts of each type of drug test performed

i. Counts of each type of drug test performed by individual Specialty Court programs

j. Percentages of scheduled tests completed within a given timeframe

3. The selected offeror’s data must be based on enterprise level systems and software using ORACLE or SQL server, capable of supporting the total aggregate number of

Specialty Court program participants and capable of supporting the needs of the AOC

Department of Specialty Courts and local Specialty Court programs. The selected offeror’s data system must be capable of exchanging data with other data management systems, using commonly acceptable formats and methods, including at a minimum, ftp transfer of structured flat files.

4. The selected offeror must provide a physical collection log sheet as a record of all scheduled specimen collections. The physical log sheet must be completed at every collection event and must include the following information:

a. Date

b. Time

c. Collection technician(s)

d. Testing reason

e. Participant name(s) and/or ID

f. Participant signature or initial

g. Chain of custody ID

5. The selected offeror must transmit a copy of the collection log sheets to each Specialty

Court program via fax or scan/e-mail following each collection event. The selected offeror must maintain an archive of physical collection log sheets, which it will make available to the AOC Department of Specialty Courts upon request within seven business days.

E. Medical Review Officer

1. The selected offeror must provide access to a Medical Review Officer (MRO) to assist with results interpretation.

2. The MRO must be a licensed physician that is responsible for reviewing laboratory results from drug tests. The MRO must also provide interpretation of results and respond to program inquiries, including whether specific drug test results could be related to medical conditions or medication cross-reactivity.

3. The selected offeror must provide a response to any question directed to the MRO within 12 hours.

F. Personnel and Training

1. Collection technicians must be employees of the selected offeror. The AOC will have no responsibility for insurance or compensation for these workers.

2. In the event a collection technician leaves the selected offeror’s employment, a replacement technician of the same sex must be made available immediately for all testing, and a permanent replacement collector of the same sex must be hired within thirty (30) days.

3. The selected offeror must provide the AOC Department of Specialty Courts with a copy of its personnel training manual. The selected offeror is also required to keep an updated copy of this manual at all test locations (electronic version is acceptable). The manual must include specific protocols for training subjects as required by the AOC

Department of Specialty Courts, including detailed specimen collection and chain of custody protocol.

4. At a minimum, the selected offeror must provide their staff with adequate training on the following topics:

a. Approved collection and specimen handling/chain of custody protocol

b. Appropriate professional boundaries;

c. Trauma-informed practices;

d. Overdose reversal

5. Training will be provided to new hires within thirty (30) days of hire and annually to all staff engaged in direct services with Specialty Court program participants.

6. The selected offeror must provide the AOC Department of Specialty Courts with the opportunity to conduct an AOC pre-employment background check for all candidates proposed to interact with Specialty Court program participants. The AOC Department of

Specialty Courts will notify the selected offeror of any local program concerns relating to a candidate for hire upon completion of a background check. Concerns may include:

a. Identified conflicts of interest;

b. Criminal history;

c. Other considerations that result in a candidate being inappropriate to work with individuals enrolled in Specialty Court programs.

G. Miscellaneous

1. The selected offeror must provide training to AOC-identified program personnel, team members, and/or judges upon request. Training topics may include, but shall not be limited to basic laboratory procedures, specimen collection, proper referral and chain of custody procedure, and interpretation of results.

2. The selected offeror may not use Specialty Court program offices to collect specimen from non-KCOJ populations.

3. Due to the confidential nature of participating in a Specialty Court program, the selected offeror must provide an environment conducive to maintaining the privacy and confidentiality of Specialty Court program participants. If other populations are tested at location provided by a selected offeror, processes must be in place to prevent identification of any individual’s participation in a Specialty Court program.

4. The selected offeror must notify the Specialty Court program and the AOC Department of Specialty Courts in writing immediately upon discovery of any laboratory immunoassay or confirmation results that have been inaccurately reported.

END OF SECTION 1

SECTION 2 – ADMINISTRATIVE OVERVIEW

2.00 Issuing Office

The AOC Department of Financial Services, Division of Procurement is the only entity authorized to change, modify, amend, alter or clarify the specifications and the terms and conditions of this RFP.

2.01 Method of Award

Award shall be issued on the highest-ranking proposal by a responsive, responsible offeror.

2.02 Schedule of RFP Activities

Release of RFP June 6, 2024

Written Questions Due July 23, 2024

Anticipated AOC Response to Written Questions July 24, 2024

Proposals Due August 1, 2024

Offerors Notified of Interview Selection – Anticipated August 23, 2024

Interviews - Anticipated September 3-6, 2024

Offerors Notified of Selection – Anticipated September 11, 2024

Contract Execution – Anticipated October 1, 2024

All proposals must be electronically received in the Department of Financial Services, Division of Procurement no later than the due date and time defined in this solicitation.

NOTE: ALL TIME REFERENCES ARE EASTERN TIME ZONE.

2.03 Duty to Inquire

The offeror, by submitting a proposal, represents that it has read and understands the RFP and that its proposal is made in compliance with the RFP.