Drug Testing RFP Mod 3.pdf

July 30, 2024 Modification 3

RFP 025 2400000491

Post-Solicitation Questions and Answers

Question 1:

Please clarify the anticipated interview dates.

Answer 1:

Anticipated interview dates have been updated. The following chart replaces the Schedule of RFP Activities found in Section 2.02 of the RFP:

Release of RFP June 6, 2024

Written Questions Due July 23, 2024

Anticipated AOC Response to Written Questions July 24, 2024

Proposals Due August 9, 2024

Offerors Notified of Interview Selection – Anticipated September 3, 2024

Interviews - Anticipated September 16-19, 2024

Offerors Notified of Selection – Anticipated September 20, 2024

Contract Execution – Anticipated October 15, 2024

Question 2:

Would the AOC accept a Certified Clinical Chemistry Toxicologist from the National Registry of Certified Chemist (NRCC) instead of a certified toxicologist from the American Board of Forensic Toxicology (ABFT)?

Answer 2:

No. The offeror is expected to provide an MRO or a ABFT certified toxicologist.

Question 3:

With your current provider, could you share 3 key areas that are working best and 3 key areas you would like to see improved?

Answer 3:

Working best: Communication with vendor area managers, including the timeliness of their responses with local issues; Range of specialty tests available; educational/training materials provided by vendor for our local staff.

Areas of improvement: Number of delayed confirmations; collection technician turnover; turnaround time for some specialty test confirmations.

Question 4:

Other than those office locations stated in the solicitation, does the AOC recommended we have physical offices in other parts of the state?

Answer 4: The office locations stated in the solicitation are the expected locations. The AOC provides physical drug testing sites in all counties other than the locations identified in the solicitation. Those drug testing sites are either located inside a court facility or property leased by the AOC. If the offeror were to prefer an alternate location, the offeror would be expected to provide same.

Question 5:

In regards to this requirement at the top of page 10: 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. Can you please provide more information on how these collections are being handled today?

Answer 5:

When the indoor location is not available to vendor technicians on holidays/weekends due the building security protocol, the technicians are collecting oral fluid from participants in a designated location outside of the site (car port, parking lot, etc).

Question 6:

What hours and days of the week are expected for the specimen collection teams to be on site? What weekend and holiday collection hours are expected?

Answer 6:

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. All weekends and holidays should be available for scheduled testing and randomly scheduled testing.

Question 7:

In regards to the 90 ml vial size, 4.b. Supplies include but are not limited to: i. Sterile containers with a capacity of at least 90 ml and matching container lids. Are these larger vials required for both collection and shipping of the specimen, or can the vials be transferred to the lab’s standard vial prior to shipping? Are 90 ml vials required for collections from both males and females?

Answer 7:

Proposed variations from the required 90 ml vial size are acceptable as long as the offeror can provide assurance that specimens will still be consistently collected, packaged, shipped, and laboratory tested with minimal rejected specimens due to leaking in transit or insufficient specimen quantity.

Question 8:

What are current collector staffing levels per county?

Answer 8:

Each collection site has both a female and male technician assigned. An area manager is provided for each region.

Question 9:

In regards to #5 on page 12, “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.“ How often has this penalty been assessed on the AOC’s current vendor? Is the AOC willing to allow for a cure period if this situation occurs?

Answer 9: This provision is not included in the current AOC drug testing contract. When a collection technician is unable to appear during a scheduled collection window, the selected offeror is expected to have alternate staff available to fill in as needed. Any exceptions that the offeror takes to the terms and conditions offered in the RFP must be stated clearly in Tab 1 of the offeror’s proposal.

Question 10:

What percentage of the testing population does not show up for their tests, on a monthly basis?

Answer 10:

The following are the percentages of no-shows of the testing population for 2024 to date:

Jan 2024: 7% Feb 2024: 6% Mar 2024: 6% April 2024: 5% May 2024: 6% June 2024: 6%

Question 11:

For mobile collections, what percentage of the time is the donor a no-show, or unable to provide a specimen?

Answer 11:

We do not have mobile collections. Collections take place at the designated collection sites.

Question 12:

How many collections are performed annually by AOC staff? Does the AOC staff use onsite/rapid tests when they perform a collection, or are samples sent to the laboratory for testing?

Answer 12:

The offeror is expected to conduct all collections. Onsite rapid tests are used by AOC staff sparingly for use cases outside of regular randomized specialty court participant testing and are sent to the lab for testing and confirmation.

Question 13:

In regards to the 30 day requirement for replacement of an LCS team member, will the AOC accept a good faith effort if we are able to document the job posting(s) and subsequent conversations and offers with potential replacements, in the event a replacement cannot be found in that time frame?

Answer 13:

No.

Question 14:

Please confirm that bidders can subcontract with independently owned collection sites, as long as the independent collection sites meet the collection requirements as stated in the Scope of Work.

Answer 14:

Confirmed.

Question 15:

Can you provide the name/address of all current off-site collection locations?

Answer 15:

Fayette County: 300 W. Maxwell Street, Lexington, KY 40507 Hardin County: 2410 Ring Road, Elizabethtown, KY 42701 Jefferson County: 311 W. Main Street, Louisville, KY 40202

Question 16:

Will an interface with the CaseWorx system be required after it goes live in 12/2024?

Answer 16:

Yes.

Question 17:

Would the vendor host and create the FTP or does the AOC have an FTP the vendor should use?

Answer 17:

AOC is using FivePoint Solutions for the CaseWorx FTP.

Question 18:

Does the AOC want rapid test results to be entered into their system, or just lab tested results? If AOC wants rapid tests entered into their system, is there an available user interface where Cordant staff could enter those results, or will that be the responsibility of the vendor?

Answer 18:

Rapid test results would not be entered into the system. Only lab results are loaded into the case management system.

Question 19:

1.04.D., Database and Data Exchange, #D.1 - does all of this data need to come in one flat file or multiple? Can this information be entered into AOC’s software?

Answer 19:

The selected offeror would be expected to engage with FivePoint Solutions to discuss any details of data integration with the CaseWorx case management system.

Question 20:

1.04.D., Database and Data Exchange, - how often does AOC want their data? Daily, hourly, weekly?

Answer 20:

Data is sent every 20 mins from the vendor site to our case management system currently. Hourly or more frequently would be acceptable.

Question 21:

The text message notifications requested under 1.04.A.4 are redundant with the required participant daily call ins. Will the AOC accept a randomization/notification system that does not include the text message reminders?

Answer 21: An option for text message reminders is preferred; however, AOC will consider a randomization/notification system that does not include text messaging.

Question 22:

Regarding the requirement for the toll-free number for participants to call into, would the AOC local exchange numbers instead?

Answer 22:

Providing that a local number is available throughout the entire service area, yes.

Question 23:

According to the first round of answers published, rapid tests are used as a secondary, supplemental testing solution. What is the criteria for determining whether a lab test or a rapid test is needed? Who will be interpreting the rapid test results? Are all positive rapid tests or indeterminate results sent in for confirmation?

Answer 23:

Rapid tests are used by local AOC staff for use cases outside of regular randomized specialty court participant testing. This may occur when there is suspicion of substance use or upon judge request. Rapid test results are interpreted by the local specialty court staff. Rapid tests are often shipped to the lab for the standard panel to be ran and can be confirmed there as well.

Question 24:

Section 1.04.C.3.b requires screen results on the next business day following collection and confirmation results within 48 hours of collection, which does not allow adequate time for shipping the specimens. Is the AOC open to revising the reporting turnaround times so that results are required "by the next business day following receipt by the lab" for screening tests, and "within forty-eight hours of receipt by the lab" for confirmation testing?

Answer 24:

No.

Question 25:

Will the AOC want confirmation testing performed on all presumptive positive screens, or should confirmation tests only be performed upon request by Court staff? If confirmations are performed only upon request, please confirm that expected turnaround for confirmations will be based on the date the test was requested by Court staff (not based on collection date).

Answer 25:

Confirmation testing will only be conducted on presumptive positive screens when requested by court staff.

Expected turnaround for confirmations will be based on the date the test was requested by Court staff (not based on collection date).

Question 26:

Please confirm that testing on specialty substances may exceed the stated turnaround times for results.

Answer 26:

See Modification 2, Question/Answer 12. Proposals containing longer turnaround times for specialty substances will be considered.

Question 27:

In regards to the Price Matrix, there are a number of single substances listed under Test Class. Should these tests be quoted as standalone tests or as additions to an existing panel?

Answer 27:

The single substances should be quoted as standalone tests. Please also see Modification 2, Question/Answer 20.

Question 28:

Please describe the type of training that is expected for overdose reversal.

Answer 28:

Training for overdose reversal for the vendor staff would include recognizing the signs and symptoms of an overdose, providing appropriate care based on the person’s breathing and level of responsiveness and using opioid overdose reversal medications (naloxone).

Question 29:

In the schedule of RFP activities, 2.02 on page 18 of the RFP, it says proposals are due on August 2, 2024. However, 2.08 on page 20 of Attachment 4 says the proposal is due on August 1 at 3:30. Please clarify the due date for the proposal submission.

Answer 29:

See Modification 2, Question/Answer 1. Proposals are due August 9, 2024, at 3:30 p.m.

Question 30:

In regards to the Personnel and Training manual referenced in #6 at the top of page 30, is this a collector training manual or a training manual for all employees?

Answer 30:

This is referencing a collector training manual for the employees of the selected offeror.

Question 31:

Please confirm a bond is not required.

Answer 31:

No bond is required.

Question 32:

Does the AOC anticipate that any expert witness testimony will be required from Vendor? If so, how many testimonies per year? Will the expert witness be able to testify remotely (vs. in person)?

Answer 32:

The need for expert witness testimony will vary from year to year; however, the selected vendor is expected to provide expert witness testimony as the need arises. Based on requests for testimony from our current vendor, this is unlikely to occur more than five times per calendar year. The option to appear remotely would be up to the judge’s discretion.

Question 33:

Is a current contract available to view?

Answer 33:

Current AOC contracts are available upon request made to openrecords@kycourts.net.

Question 34:

In regards to 9.18, Invoice should include… “5. A full description of any work product produced, designating the way in which the work product is associated with the matter being invoiced.” Can you please provide an example of what this description should include, in regards to a drug testing invoice?

Answer 34:

Section 9 of the RFP is standard terms and conditions for all AOC contracts. These terms and conditions may be updated to suit the specific contract prior to contract execution. Invoices for the drug testing contract would not require a vendor to specify the work product produced. The contents of invoices will be agreed-upon between the AOC and the vendor prior to contract execution.

Question 35:

Items 1 and 2 in the Attachment 3 request pricing for urine and oral fluid collection and screening tests. Can bidders provide collection site pricing separately, since collection pricing can vary between locations and/or regions?

mailto:openrecords@kycourts.net

Answer 35: No.

Question 36:

Attachment 3 Cost Proposal: Could you please elaborate on the difference between the services being requested and the quantities provided for items 2 and 3 on the cost proposal? Does The KY AOC Specialty Court Program expect to request 23,780 confirmation tests?

#3: Confirmation of Presumptive Positive Result on Standard Immunoassay Screen, Quantity of 12,000 total

#4: Confirmation of Specific Assays/Analytes, Quantity of 11,780 between all assays/analytes

Answer 36:

For purposes of answering this inquiry, we presume that the vendor is referring to Items 3 and 4 on the

Cost Proposal Form. Item 2 refers to oral fluid collection and screening. The AOC expects to conduct approximately 12,000 confirmation tests for standard immunoassay screening tests. The AOC also expects to conduct confirmation tests of approximately 11,780 stand-alone tests for particular assays/analytes as described in Item 4.

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

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?

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

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.

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.

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.

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

Answer 10:

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:

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.

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?

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.

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?

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.

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.

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.

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.

Would this be for the entire state?

Answer 10:

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

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.

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.”

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

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

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 - 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 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 - 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

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.