ESBD_573073_1793714924458_SOL_EXH_F.3_SOW.pdf

Texas Department of Public Safety

STATEMENT OF WORK

DESCRIPTION

The Texas Department of Public Safety (DPS) seeks to establish a blanket contract for DOT and non-

DOT drug and alcohol testing services. The initial term of this contract commences on the effective date of award and expires on 08/31/2028.

SCOPE OF SERVICES

DOT Testing Requirements

Contractor shall satisfy the following for DOT testing as applicable:

1. 49 CFR Part 40 – US DOT Procedures for Transportation Workplace Drug and Alcohol

Testing Programs.

2. The FMCSA federal requirement, at 49 CFR Part 382, for drivers of commercial vehicles to be tested for drugs and alcohol.

3. The Federal Aviation Administration requirement, at 14 CFR Part 120, for air carriers and operators to be tested for drugs and alcohol.

4. DPS policy where applicable to DOT Testing.

DPS may indicate, on each Purchase Order, which, if any, regulations apply to the order. Contractor shall be required to confirm collection services for drugs and alcohol and administrative services to the aforementioned Code of Federal Regulations (CFR), any other applicable law and regulation, and to DPS’s policy.

Non-DOT Testing Requirements

Contractor shall satisfy the following for non-DOT testing:

Services for non-DOT testing shall be provided in accordance with DPS’s policies, program guidelines, and state and local laws related to employee testing, testing in athletics programs, or other test requirements as determined by DPS.

DPS shall be responsible for addressing related legal requirements to these services through its own counsel prior to utilizing the Contract.

To the extent applicable, for non-DOT drug and alcohol testing (collection services, administrative services and other related services), Contractor shall be required to comply with the CFR and any other regulations as required by DPS.

Types of Testing:

1. Pre-Employment Testing: DPS requires the 6-panel pre-employment drug testing for applicants directed to a collection site facility. (Reference Table 1)

2. Reasonable Suspicion Testing: DPS requires the 6-panel drug testing and/or reasonable suspicion test following observed behavior or appearance characteristic of drug or alcohol misuse. DPS will direct the affected employee to a contract collection site. (Reference Tables 1 and 2)

3. Random, Post-Accident, Return-to-Duty, and Follow-Up Testing: DPS requires the 6-panel drug testing and Breath Alcohol Testing (BAT) for random, post-accident, return-to-duty, and follow-up scenarios.

(Reference Tables 1 and 2)

The following tests are to be conducted:

1. Pre-Employment/Pre-Placement Testing

2. Random Testing

a. Random test selection will be conducted by DPS

b. The random test will include DOT and non-DOT testing.

c. The Mandatory Price Sheet provides a line item to bid a cost per employee per testing period. Respondent may offer alternative pricing structures for Random Testing Program

Management. Respondent should detail any such alternative pricing schedule with bid submission.

3. Post-Accident Testing

4. Reasonable Suspicion Testing

5. Return-To-Duty Testing

6. Follow-Up Testing

7. Drug Testing

8. Breath Alcohol Testing

Split-Specimen Testing

In standard split specimen tests, the urine sample is divided into two vials and sent to the lab for analysis. One of the vials is tested immediately while the second is stored. If the originally tested sample is positive on the first vial, a person may request testing of the second vial. The split specimen test unit shall include the testing of both vials.

Reference Tables:

DPS Table 1: Urine Specimen, Drug Testing with Confirmation, 6 Panel, Non-DOT Standard Urinalysis Testing: Substances and Levels

Name of Substance Initial Screening Level Confirmation Level

Amphetamines 1000 ng/mL 500 ng/mL (Amphetamines)

Barbiturates 300 ng/mL 200 ng/mL (Barbiturates)

Cocaine Metabolites 300 ng/mL 150 ng/mL

(Benzoylecgonine) Marijuana Metabolites 50 ng/mL 15 ng/mL (THCCOOH)

Opiates 2000 ng/mL 2000 ng/mL

(Morphine/Codeine) Phencyclidine (PCP) 25 ng/mL 25 ng/mL (Phencyclidine)

DPS Table 2: Breath Alcohol Screen Testing with Confirmation, Concentration 0.01, Non-DOT Breath Alcohol Testing for DPS Employees: Breath Specimen

Name of Substance: Alcohol

If the Breath Alcohol Concentration result is less than 0.01, the test is considered negative.

If the Breath Alcohol Concentration result is 0.01 or greater, the test will be certified as a positive result.

Rejected for Testing

Rejected for testing relates to a specimen bottle that is denied validity upon receipt by a laboratory based on the discovery of a fatal flaw associated either with the specimen bottle contents or the chain-of-custody form (e.g., Custody and Control Form). A fatal flaw is a critical error made during the collection process that cannot be corrected. Contractor’s MRO is authorized to void the test by immediately contacting the DPS seeking clearance for the subject in question to resubmit a test specimen.

If errors are caused by Contractor’s employees, its subcontractors, agents, or anyone acting under the direction of supervision of Contractor, Contractor is not allowed to charge a rejected-for-testing fee.

However, if the errors are solely caused by the DPS, then Contractor may charge the rejected for testing fee. In the event a fee is incurred, Contractor shall provide justification for the rejected for test to DPS.

Refusal to Test

Refusal to test occurs when a testing process is not successfully completed due to an uncooperative individual being tested. Contractor shall inform the DPS of the refusal to test, describe the reason for not completing the test, and the proportional services performed up to the refusal. Additional information on refusal to test for DOT testing can be found in 49 CFR Part 40, Section 40.261 and

Section 40.191.

Refusal to test includes, but is not limited to, the following:

1. Failure to appear at a testing or collection site when directed to report;

2. Failure to remain at the testing or collection site;

3. Failure to provide a specimen;

4. Failure to permit a monitored or observed collection;

5. Failure to provide enough or adequate specimen;

6. Failure to take an additional drug test that the requestor or collector has directed;

7. Failure to undergo a medical examination or evaluation the requestor or MRO has directed;

8. Failure to cooperate with any part of the testing or collection process;

9. Failure to follow the instructions to raise and lower clothing and turn around (for when an observed urine collection is required by DPS or applicable law);

10. Possessing or wearing a prosthetic or other device that could be used to interfere with the collection process;

11. Admitting the collector to having adulterated or substituted the specimen;

12. Adulterating or substituting a specimen, by admission or laboratory confirmation;

13. Failure to undergo a medical examination or evaluation as the requestor has directed as part of their insufficient specimen procedures;

14. Failure to sign any part of the forms required by the DPS’s testing procedures. In this case, if the drug test can still be processed at the laboratory and it is authorized and completed, Contractor may charge a full test fee.

Contractor may charge a refusal to test fee if the stated reason for not completing the test fits any of the criteria mentioned above or as approved by DPS. The refusal to test fee shall be proportional to the services preformed and shall not exceed 65% of the test value. Contractor shall provide documentation that supports the proportional fee charged for services performed up to the refusal. DPS may request additional documentation that it deems necessary to support

Contractor’s charges.

Refusal to test due to circumstances described in lines (1), (7), (9), and (13) above do not constitute a reason to charge a fee, except if DPS requires a report and administrative work to be performed.

Quantities

DPS does not guarantee a specific volume to be purchased throughout the term of the

Contract. No minimum compensation to Contractor is guaranteed.

Collectors and Collection Site Location Requirements:

• All collections for drug testing shall be performed by Certified Professional Collectors

(CPCs) according to the US Department of Health and Human Services Mandatory

Guidelines for Federal Workplace Drug Testing Programs as published by the Office of Drug and Alcohol Policy and Compliance.

• Geographic Coverage: The Contractor must coordinate with DPS to provide at least one collection site for every DPS facility throughout the State of Texas.

• Proximity: All designated collection sites must be located within a distance that DPS deems near or reasonable to perform the services required under this Contract. Reference DPS

Regions Exhibit.

On-Site, After Hours or Mobile Collection Services - Customer Designated Location:

1. Contractor shall provide on-site or mobile collection services within the state of Texas at the

Customer’s request and at a specified location. Customer shall give prior notice of such request;

however, circumstances such as post-accident testing may require Contractor to be readily available to provide the collection services.

2. Contractor’s network shall be sufficient to provide on-site collections 24 hours per day, seven

(7) days per week, including state and national holidays for emergency after-hours services.

3. Additional charges for after-hours, on-site, or mobile collection will be applicable and added to the charge for the specific test requested. Reference the Mandatory Price Sheet.

EXPERIENCE, QUALIFICATIONS, AND REQUIREMENTS

Contractor Minimum Experience:

1. Administration of DOT-compliant drug and alcohol testing programs: Seven (7) Years

2. Active clients that have state-wide or nation-wide locations: Three (3) Years

3. Covered by FMCSA regulations: Five (5) Years

4. USCG covered employer: Three (3) Years

5. Shall be registered in the FMCSA Commercial Driver’s License Drug and Alcohol

Clearinghouse.

Contractor’s Staff Minimum Qualifications and Experience:

1. Contractor must have a minimum of two administrators

2. Administrators must be a Certified Substance Abuse Program Administrator (C-SAPA) in good standing.

3. OR

4. In good standing with a testing industry organization such as the Drug and Alcohol Testing

Industry Association (DATIA) or the Substance Abuse Program Administrators Association

(SAPAA), as examples. Current certificates, as applicable, or documentation of current membership in the testing industry organization is required.

5. Account Representative/Manager Point of Contact must have three (3) years of experience minimum in the administration of DOT-regulated testing programs, in accordance with 49

CFR Part 40, as amended, and comprehensive knowledge of FMCSA regulations in addition to the above-stated regulations.

6. BAT - Certified DOT collectors in accordance with 49 CFR, Section 40.33, as amended, and

Section 40.213, as amended, with proof of certification.

7. Post Award: During the term of the Contract and any subsequent renewal periods, the

Contractor’s staff shall maintain their certifications and provide documented proof of their eligibility to continue to perform the services when requested by DPS.

Laboratory Requirements:

1. Open and active accounts with laboratories meeting the following minimum certification/accreditations.

a. Certified through DHHS in accordance with 49 CFR, Part 40, as amended, and Subpart

F, as amended.

b. Respondent shall have, within its network, SAMHSA-certified laboratories to perform analysis for DOT and non-DOT testing.

2. Respondent must provide, with its bid submission, documents which demonstrate

Respondent meets the requirements described in items a-d below:

a. National Laboratory Certification Program: licensed for the testing of urine specimens.

b. Texas Department of Public Safety (or Texas Forensic Science Commission):

accreditation as an analytical laboratory.

c. Drug Enforcement Agency: licensed as an analytical laboratory

d. Contractor’s Laboratory shall be able to provide the following for specimen collection:

i. Collection Cup – Lab supplies and all accessories necessary for collection of a specimen.

ii. Chain of custody two-part forms with instructions for completion of form.

iii. Shipping of specimen to Contractor’s Laboratory, including all necessary shipping materials, instructions on packing specimen, and shipping instructions.

Collection Facilities:

1. DOT collections for drug testing will be performed in accordance with DOT Rule 49 CFR

Part 40. Non-DOT testing will be performed in accordance with DPS’s requirements, including its drug testing policy and applicable state and local laws.

2. Facilities must offer urine, hair, breath, nail, and oral fluid collections.

3. All collections for drug testing shall be performed by certified professional collectors

(CPCs) according to the US Department of Health and Human Services Mandatory

Guidelines for Federal Workplace Drug Testing Programs as published by the Office of

Drug and Alcohol Policy and Compliance.

4. Provide a listing of the collection facilities meeting the requirements for both drug and alcohol testing and indicate the DPS Region (Reference DPS Regions Exhibit) for each.

Respondents shall be able to timely provide the testing services statewide.

ADDITIONAL REQUIREMENTS

Support and Training:

1. Contractor shall provide customer support, which shall include:

a. A dedicated customer service representative plus a trained back-up individual to serve the state of Texas.

b. Customer service representatives available from 8:00 a.m. to 5:00 p.m. Central Time.

c. A customer service representative's phone system separate from voicemail.

d. A toll-free number.

e. After-hours emergency contact telephone number.

f. After-hours contact procedures that include a response time of no greater than 20 minutes for call-back and emergency calls.

g. Secure electronic mail communication

2. Contractor web site shall provide the following:

a. Ability to set up private accounts for each DPS representative.

b. Security access levels for each of the DPS’s key personnel such as contract administrator and others designated by DPS.

c. Secure, password-protected access to drug and alcohol tests from the lab, MRO, and results.

d. Access to statistical reports as follows and as required or modified by DPS:

i. DPS account number

ii. Reason for test

iii. Reason for refusal to test

iv. Test Type: DOT or non-DOT

v. Specimen Type: breath, urine, nail, oral fluids, or hair strand

vi. Collection date

vii. Test Results

viii. Specimen ID

ix. Donor ID number or SSN (for pre-employment test)

x. All testing conducted for a period specified by DPS

e. Server adequate to process large volumes of data without interruption in service.

f. Data encryption software installed and operating to keep all sensitive information confidential and only disclose it to DPS’s authorized personnel.

g. Be equipped with a foolproof backup system that shall retain data in accordance with record retention periods per 49 CFR Parts 40 and 382, and 46 CFR Part 16; and other applicable laws and as required by DPS’s policies and this Contract.

3. Contractor shall provide DPS staff with training to include:

a. Reasonable suspicion

b. How to read and interpret test results

c. At least two (2) times per year, provide updates on any new drug screening services available, including new testing techniques and procedures.

d. Information on drug testing windows of detection for urinalysis.

e. Any other drug-related issues as requested.

f. Training may be presented on-site and/or through webinar or web-based training format as agreed upon by the Customer and Contractor.

Required Reports:

1. Authorization Form

a. An authorization or custody/control form shall be provided to the employee to present at a collection facility.

b. The form shall be made available via an internet-based portal with secure sign-in and protected by a password.

c. The authorization form shall contain, at minimum, employee information such as full name and last four digits of ID, the collection site and hours of operation, and type of test being performed.

2. Test Results

a. Negative: The laboratory will report negative or "diluted" test results within 24 hours after receipt of a specimen by the laboratory.

b. Positive: Positive test results will be reported within 72 hours after receipt of a specimen by the laboratory.

c. The drug test results for any test performed by a laboratory shall be accessible to DPS upon request and be maintained for a minimum of five (5) years following the laboratory testing.

3. Analytical Results Report

a. Minimum Required Information: All results shall be reported in an Analytical Results

Report that provides:

i. A comprehensive list of substances tested.

ii. Levels at which the tests were screened and confirmed, if applicable.

b. Results shall clearly identify:

i. Testing laboratory, address, and contact information.

ii. Date collected and date received at the laboratory.

iii. Positive or negative for each analyte and the testing method used.

iv. Customer’s sending region, office, and identifier (employee ID number).

c. Access to Results

i. The results shall be made available via an internet-based portal with secure sign-in and protected by a password.

d. Accessibility of Report

i. The Results Report for any test performed by a laboratory shall be accessible to

DPS upon request and be maintained for a minimum of five (5) years following the laboratory drug test.

4. Statistical Summary Report

a. Frequency of Report: Statistical Summary Reports will be provided monthly to DPS.

b. The Statistical Summary Report will be emailed to DPS drug testing coordinator.

c. Minimum Required Information:

i. Number of specimens received for testing.

ii. Number of specimens confirmed positive for each type of drug tested.

iii. Number of specimens for which a test was not performed and the reason for not testing.

iv. The results per drug.

v. Upon DPS’ request, provide the name and State Identification Number of

Contractor or any of its subcontractors or agents providing services under this

Contract (e.g. laboratories, collectors).

Service Provider Records:

1. Client Records

a. Contractor shall maintain all individual client records, regardless of test results, for a minimum period of five (5) years following the date of testing.

b. These records shall be made available to DPS upon request

2. Provider Files

Contractor shall maintain service provider personnel files as required by law and Customer. At a minimum, the file shall include but is not limited to:

a. Copy of current professional licenses

b. Copy of the Laboratory's current DHHS (SAMHSA) licensure

DPS Regions (Reference DPS Regions Exhibit)

Region 1- North Texas

Region 2- Southeast Texas

Region 3- South Texas

Region 4 - West Texas

Region 5 - Northwest Texas

Region 6 - Central Texas