Final_RFP_128_2600000415_1_SO_FORM.PDF

Document ID: RFP 128 2600000415 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: DMS - Drug Testing Services

Date Issued:

04/17/2026 Record Date:

04/14/2026

Solicitation Closes Date:

05/07/2026 Time:

15:30

Solicitation No:

RFP 128 2600000415

Online Bidding Prohibited: No

For Information Call:

Robin Uphoff 502-782-6053

Bid Receiving Location:

Bid Receiving

See Terms & Conditions for Bid Submission Instructions

Other KY

Vendor Customer Number:

Vendor Name:

Phone Number:

Fax Number:

Email Address:

Ordering

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Payment

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Ownership Type

__ Sole Proprietorship __ Partnership __ Corporation __ Other_________________________

SIGNATURE OF AUTHORIZED AGENT IS REQUIRED UNLESS RESPONSE

IS SUBMITTED ELECTRONICALLY. FAILURE TO SIGN SHALL RENDER

THE BID INVALID.

Signature X_________________________________________ FEIN#____________________ Date____________

All offers subject to all terms and conditions contained in this solicitation.

Document ID: RFP 128 2600000415 Page: 2

Line Items

Commodity Group: Default

Line CL Description Quantity UOM Unit Cost Line Total or Contract Amnt

1 Divsion of Mine Safty -Drug Testing

Comm Code Comm Description Manufacturer Model # Manuf Part #

95207PS PSC-Alcohol and Drug Testing Services

Extended Description The Division of Mine Safety (DMS) is issuing this Request for Proposals (RFP) to establish a Personal Service Contract for miner and DMS staff drug testing.

Shipping Information

Billing Information Division of Mine Safety

300 Sower Blvd, 2nd Floor

Frankfort KY 40601

Document ID: RFP 128 2600000415 Page: 3

Submission Checklist

The following items will be required to be submitted with bid:

Item

Revised February 2026

PROPOSAL SUBMISSION CHECKLIST

The vendor MUST include the following with the proposal submission.

If the items highlighted below are not submitted with the proposal submission, the Commonwealth MUST deem the proposal non-responsive and

SHALL NOT consider for award.

All other items MUST be submitted prior to award.

_____ SIGNED AND COMPLETED SOLICITATION –Section(s) 8.00 and 8.10 of this RFP

(not required if submitting electronically)

_____ *PROPOSED SOLUTION (TECHNICAL) UNDER SEALED COVER AND BY

CLOSING DATE --Section(s) 8.00 and 8.10 of this RFP

_____ *PROPOSED SOLUTION (COST) UNDER SEALED COVER AND BY CLOSING

DATE -- Section(s) 8.00 and 8.10 of this RFP

_____ TRANSMITTAL LETTER – Section 8.20 of this RFP

_____ PROOF OF REGISTRATION WITH SECRETARY OF STATE BY A FOREIGN

ENTITY -- Section 8.00 of the Personal Service Contract Terms and Conditions of this

RFP

_____ REQUIRED AFFIDAVIT(S) – Section 8.20 of this RFP

*The Commonwealth defines SEALED as “a closure that must be broken to be opened and that thus reveals tampering” (Merriam-Webster Dictionary, https://www.merriam-webster.com/ dictionary/seal

Document Phase Document Description Page 4

2600000415 Final DMS - Drug Testing Services Total Pages: 32 https://www.merriam-webster.com/dictionary/seal https://www.merriam-webster.com/dictionary/seal

REQUEST FOR PROPOSAL

FOR

PERSONAL SERVICE CONTRACT

Energy and Environment Cabinet Department for Natural Resources Division of Mine Safety Drug Testing Services

RFP 128 2600000415

This is a Re-Solicitation of RFP 128 2600000103 which closed on 01/07/2026 and was not awarded. Because an award was not made, documents requested via an Open Records Request will not be released. At such time an award is made as a result of the new RFP, an Open Records Request may be filed and documents requested for the original RFP as well as for the new RFP may be released in accordance with KRS 61.870 to 61.884.

This document constitutes a Request for Proposals for a Personal Service Contract from qualified individuals and organizations to furnish those services as described herein for the Commonwealth of Kentucky, Energy and Environment Cabinet (EEC), Division of Mine Safety (DMS).

Offerors are advised that any personal service contract resulting from this RFP must comply with all applicable provisions of KRS 45A and KRS 12.210 prior to becoming effective.

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 Finance and Administration Cabinet and filed with the Legislative Research Commission, Government Contract Review Committee.

1.00 Purpose and Background

The Division of Mine Safety (DMS) is seeking qualified companies to provide laboratory drug screens for Miner Certifications and DMS Employee Testing.

In accordance with KRS 351.182 drug screening of applicants seeking to become certified miners is required to ensure they are drug free prior to certification. Post accident drug testing is performed under the authority of the Division of Mine Safety (DMS). Monthly screening is also required as condition for employment for miners with settlement agreements. KRS 351.120 requires proof of drug and alcohol-free status for issuance of mine foreman’s certificates, required under KRS

351.090 for appointment to the office of mine safety specialists.

KRS 351.182(8) provides for a minimum 10 panel urine testing protocol acceptable for the establishment of drug-free status for miner certification under KRS Chapter 351, and further provides that "the remaining panels to be used in the urine test shall be set by order of the Mine Safety Review Commission no later than June 1 of each year”. The Mine Safety Review

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Commission has investigated and concluded that the following substances should also be included in the testing, as their presence is inappropriate for drug-free status under KRS 352.182.

Pursuant to KRS 351.182(8)(k), in addition to the ten (10) panel test set out in KRS 351.182 (8) (a)-(j), the urine panels shall include testing for presence of the following substances:

1. Mitragynine - commonly known as Kratom

2. Fentanyl

3. Synthetic Opiates

4. Synthetic Cannabinoids

5. 3,4-methylenedioxy-methamphetamine (MDMA) - commonly known as Ecstasy

Sample collection is conducted in various locations throughout the Commonwealth as found in section 2.00 Scope of Work. All expenses for the collection and testing of samples shall be borne by the selected vendor and included in the proposal price.

2.00 Scope of Work

The Contractor will provide drug testing services for the Division of Mine Safety through the Agreement resulting from this solicitation and the scope of the required services under that Agreement shall be as follows:

A. Drug Testing

Testing is required in these areas:

Pre-Certification Testing: All applicants for certification as new miners and all applicants for all other additional specialty certifications shall be subject to drug testing;

Post-Accident Testing: Post accident testing will be performed following serious physical injuries or fatalities that occur at a mine site. In addition to the accident victim, post-accident testing will include any individual who may have contributed to the accident or injury;

Disciplinary Testing: Testing will be performed as ordered by the Kentucky Mine Safety Review Commission pursuant to KRS 351.120. The timing and sequence of these tests will be set forth in the orders of the Mine Safety Review Commission; and

Employee Testing: Applicants in particular mine safety job classifications will be required to submit to a preemployment drug screening test. Additionally, current employees in particular mine safety job classifications must pass annual random drug screening tests for the length of employment.

Results:

Drug testing results shall be reported to the DMS in accordance with Substance Abuse and Mental Health Services Administration (SAMHSA) regulations and should not exceed eight (8) calendar days from collection.

Test panel:

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The test will include the current DMS panel urine tests as listed below:

1. Amphetamines / Methamphetamine;

2. Cannabinoids / THC;

3. Cocaine / Benzoylecgonine;

4. Opiates / Extended, including but not limited to;

Hydrocodone Hydromorphone Codeine Morphine Oxycodone Oxymorphone;

5. Phencyclidine (PCP);

6. Benzodiazepines;

7. Propoxyphene;

8. Buprenorphine;

9. Methadone;

10. Barbiturates;

11. Mitragynine (commonly known as Kratom);

12. Fentanyl;

13. Synthetic Opiates;

14. Synthetic Cannabinoids; and

15. 3,4 – methylenedioxy-methamphetamine (MDMA) – commonly known as Ecstasy.

Test levels shall be based on industry standards

B. Collection Sites

The collection of urine samples shall meet the requirements of the Substance Abuse and Mental Health Services Administration (SAMHSA) regulations. The vendor shall provide a collection site within thirty (30) minutes of each Division of Mine Safety district office listed below:

Harlan District Office 174 Ball Park Road Harlan, KY 40831

Hazard District Office 556 Village Lane Hazard, KY 41701

Madisonville District Office 625 Hospital Drive Madisonville, KY 42431

Pikeville District Office 284 Weddington Branch Road Pikeville, KY 41502

In the event that a suitable collection site is not available within thirty (30) minutes of a district office, the provision may be waived by DMS and an alternate or on-site collection may be

Document Phase Document Description Page 7 permitted. The on-site approach may be permitted if the vendor uses a mobile testing vehicle or proposes an approach that complies fully with the federal regulations, is logistically feasible, and is not disruptive to the workplace.

Proposed collection sites must be approved by DMS before the collection site is accepted as a permanent collection facility. Additional collection sites may be added during the term of the contract. Additional sites will be contingent upon the approval of DMS.

For pre-certification testing, collection facilities shall provide service Monday through Friday, five

(5) days per week, for a minimum of eight (8) consecutive hours per day with hours between 7:00 a.m. through 7:00 p.m.

For post-accident testing, the successful vendor shall supply emergency number(s) for each facility to provide after-hours, weekend or holiday testing that may be necessary. The number(s) must have continuous coverage, any changes in contacts shall be reported to DMS immediately.

Off-site collection facilities shall provide adequate parking and waiting areas for applicants waiting to be tested. Collection facilities should be adequately staffed, and applicants shall wait no more than thirty (30) minutes for scheduled testing to begin unless an emergency exists.

Collection sites, collectors, and post-accident testing shall be responsible to the vendor for adhering to the split sample collection and chain of custody procedures required by SAMSHA. Collection sites and collectors shall use the proper forms. The vendor is responsible for qualifications and training of site personnel for post-accident testing. The Cabinet will have the right to inspect collection facilities and monitor procedures without notice to determine compliance.

Overnight transportation of all specimens to the appropriate testing laboratory via certified courier shall be required.

Collection containers and other supplies needed for collection shall be provided to collection sites by the vendor. Chain of Custody forms shall also be provided to the Division of Mine Safety by the vendor.

C. Lab Services The laboratory shall be currently certified by Substance Abuse and Mental Health Services Administration (SAMHSA) and shall maintain certification during the term of the contract. The Contractor shall provide updated certification at the beginning of the initial contract, annually, and before contract renewal for all laboratories providing services under the contract. The laboratory shall make SAMHSA inspection reports available on request of DMS. DMS shall be notified immediately of any suspension or termination of certification.

The laboratory shall have trained personnel and equipment in place required to meet the Regulations.

The laboratory shall have at least one qualified forensic toxicologist available to provide litigation assistance, including expert witness testimony or depositions.

The laboratory shall conduct testing and storage of specimens (primary and split) according to SAMHSA regulations.

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The laboratory shall provide quantification of positive results and litigation documents support if requested, as well expert testimony if needed.

The laboratory shall maintain and make available on request all current records on laboratory personnel performing and overseeing the testing process. The records shall include a resume, certifications and licenses, references, job descriptions, performance evaluations, and incident reports.

The laboratory shall provide DMS on request a list of authorized personnel with access to areas for receiving, testing and storage of urine specimens, and laboratory supervisors with authority to sign for and assume control of urine specimens.

The laboratory shall maintain required records for the time period and in a manner specified by the SAMHSA regulations.

DMS shall have a right to conduct unannounced on-site inspections of the laboratory facilities with an independent consultant/advisor during normal working hours.

Negative results for drug tests shall be reported to a Medical Review Officer (MRO) within twenty-four (24) hours; confirmed positive results shall be reported to a MRO within forty-eight (48) hours by a method prescribed in the applicable SAMHSA regulations.

The laboratory shall have a quality control program in accordance with the SAMHSA regulations.

D. Medical Review Officer (MRO)

The MRO shall be a licensed physician (medical doctor or doctor of osteopathy) who has appropriate medical training to interpret and evaluate drug test results. Proof of MRO qualifications shall be included in the proposal including medical degrees, licenses and certifications, years of experience and other relevant information.

Positive test results shall normally be provided to DMS within forty-eight (48) hours of confirmation by the MRO. Negative test results should normally be reported to DMS within forty-eight (48) hours of receipt of specimens by the laboratory. Results are to be reported in accordance with the SAMHSA regulations.

In accordance with the SAMHSA regulations the MRO shall not be an employee of the laboratory or participate in any contractual or financial relationship with the laboratory which would create a conflict of interest or bias as to reporting of results.

E. Recordkeeping and Reporting

Reports and records required to meet the regulations shall be maintained by the vendor and provided to DMS on request. The vendor shall supply DMS with a report indicating all positive results on a daily basis. All records and reports are to be in a database or other platform accessible to the Division of Mine Safety and the Office of Legal Services which can be reproduced by those offices for use in legal proceedings arising under KRS 351.120 and 351.182.

Vendor will provide quarterly records to the client in a confidential manner in Excel format, including the PDF-formatted results, with donor first and last name, SSN, DOB, test result (negative

Document Phase Document Description Page 9 or positive), and test location. Quarterly records will be provided on the 1st day of each calendar quarter.

F. Method of Payment

The vendor shall submit monthly invoices to DMS reflecting fees for drug testing services during the previous month. The invoices shall include in the following order; the miners or DMS employee name, the Chain of Custody form number, social security number, testing date and the type of test.

In addition, an Excel version of the monthly invoice shall be provided in the order noted above.

1. Miners and DMS staff testing shall be invoiced separately.

2. Only tests that provide a positive or negative result will be charged to DMS. The cost for any tests that must be restarted will be a vendor responsibility.

The Cabinet shall reimburse the vendor for fees and reasonable expenses associated with litigation support services including, if needed, expert testimony. Any fees associated with these services shall be detailed in the cost proposal.

The vendor is directly responsible for all payments to collection sites, laboratories, MRO’s and any subcontractors used by the vendor. DMS will not be responsible for resolution of subcontractor complaints.

G. General Specifications

DMS shall not be held liable for any workers compensation claims, health related claims or personal or property damage for any persons, equipment, or facilities working for or used by the vendor or any of its subcontractors.

All permits and licenses required by applicable laws and governmental authorities for the performance by the respondent of all covenants herein contained on the part of the respondent shall be obtained and maintained in a timely manner at the respondent’s expense.

Federal, state, county and local laws, ordinances, rules, and regulations that in any manner affect the services in the RFP apply. Lack of knowledge by the respondent shall not be cause for relief of responsibility.

DMS shall have no liability or obligation for any theft, loss or damage to any property owned or leased by or rented to the successful respondent.

The vendor shall agree to defend, indemnify and hold harmless the State, DMS, its officials and employees from any and all claims, losses, damages, and attorney’s fees incurred as a result of any claim against the vendor arising out of or premised upon any service provided pursuant to the contract. This obligation to indemnify shall survive the term of the contract indefinitely.

Drug and alcohol testing and testing results shall be handled in compliance with the Americans with Disabilities Act (ADA) and the Health Insurance Portability and Accountability Act (HIPAA).

H. Substance Testing Panels

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The substances tested under the scope of work shall be set, by order of the Kentucky Mine Safety Review Commission (MSRC), no later than June 1 of each year.

3.00 Evaluation Criteria

The Division of Mine Safety shall conduct a comprehensive, fair, and impartial evaluation of all proposals. The Division of Mine Safety may reject any proposal that is incomplete or in which there are significant inconsistencies or inaccuracies. The Division of Mine Safety reserves the right to reject all proposals.

The Division of Mine Safety has established a Proposal Evaluation Committee to review, evaluate and verify information submitted by the offeror.

Each vendor is responsible for submitting all relevant, factual and correct information with their offer to enable the evaluator(s) to afford each vendor the maximum score based on the available data submitted by the vendor.

The Division of Mine Safety shall evaluate the proposals by assigning scores as indicated.

Technical Proposal Evaluation

Criteria Maximum Points Possible Mandatory Requirement: Respondents shall provide copies of the qualified Medical Review Officer’s medical degrees as proof of their qualifications as a licensed physician (medical doctor or doctor of osteopathy).

Requirements that include the words “Shall”, “Will”, “Must” indicate a mandatory requirement

Mandatory Requirement means a condition set out in the specifications or statement of work that must be met without exception.

PROPOSALS THAT DO NOT MEET

MANDATORY REQUIREMENTS WILL BE

DEEMED NON-RESPONSIVE AND WILL

NOT BE CONSIDERED.

Pass/Fail

Previous experience: Respondents should provide a detailed narrative describing its firm’s ability and capacity to provide the services required and requested. The firm should describe the nature of its client base and the types of industries in which it has drug testing experience and the length of time (in years) that the company been in business.

Qualifications: Respondents should provide proof of their ability to administer the Division of Mine Safety (DMS) required 13-panel urine tests set forth in the Scope of Work either through its own laboratory or a subcontractor and copies of any additional licenses/ certifications for the MRO. The location, hours of

Document Phase Document Description Page 11 operation and emergency telephone number of the MRO shall be submitted with the proposal.

Online Recordkeeping: Respondents should provide a detailed explanation of the data system used to meet SAMSA regulations and how the system will be made available to the Division of Mine Safety and the Office of General Counsel. Include how data could be uploaded to state data base to meet statutory record retention requirements. Included proof of the manner of maintaining the chain of custody for testing samples and results and an example of.

Respondents should include a sample report that would be generated for the DMS of all positive reports.

Collection Sites: Respondents should provide a list of collection sites within thirty (30) minutes of the district office listed in this RFP under Scope of Work and/or indicate what the alternate/onsite collection is.

Include procedures for handling after hours and post-accident testing.

Laboratory: Respondent should submit the name, location, days of the week and hours of operation of the laboratory. If multiple laboratories are used, the proposal should include the required information for each.

Information related to any suspension of the laboratory should be submitted with the proposal.

Detail how the respondent may address time lags and prevent lost or damaged samples.

Maximum Points Possible 2300

Cost Proposal Evaluation

Criteria Maximum Points Possible Proposed Cost: Provide Cost on Attachment A – Cost Proposal Form, otherwise the Proposal may be deemed non-responsive.

Maximum Points Possible 700

Oral Demonstration/Presentation Evaluation, if required

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Oral Demonstration/Presentation

The Commonwealth reserves the right to require Oral Presentations/Demonstrations to verify or expand on the Technical or Cost Proposals.

Oral Presentations/Demonstrations may be conducted through videoconferencing or by conference call, if it is in the best interest of the Commonwealth to do so. This is the opportunity for the vendor to present and demonstrate the solution and to answer questions or to clarify the understanding of the evaluation committee in accordance with the requirements of this RFP. The Commonwealth reserves the right to reject any or all proposals in whole or in part based on the oral presentations/demonstrations.

If required, the top 2 highest ranking vendors may be invited. Scheduling will be at the discretion of the Commonwealth. The Commonwealth reserves the right not to require oral presentations/ demonstrations.

Maximum Points Possible 200

Total Proposal Evaluation

Technical Proposal 2300

Cost Proposal 700

Oral Demonstrations/Presentations, if required 200

MAXIMUM POINTS POSSIBLE

4.00 Schedule of RFP Activities

The following schedule presents the major activities associated with the RFP distribution, written questions and proposal submission. The Commonwealth reserves the right at its sole discretion to change the Schedule of Activities, including the associated dates and times.

Release of RFP 04/17/2026

Written Questions due by: 3:30 PM 04/23/2026

Anticipated Commonwealth Response to Written Questions 04/30/2026

Proposals Due by: 3:30 PM 05/07/2026

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*NOTE: ALL TIME REFERENCES ARE TO THE EASTERN TIME ZONE.

5.00 Offeror’s Conference

Not applicable

6.00 Point of Contact

Agency Contact named below shall be the sole point of contact throughout the procurement process. All communications, oral and written (regular mail, express mail or electronic mail), concerning this procurement shall be addressed to:

Robin Uphoff 300 Sower Blvd, Frankfort, KY 40601 Robin.Uphoff@ky.gov

From the issue date of this RFP until a Contractor(s) is selected and the selection is announced, Offerors shall not communicate with any other Commonwealth staff concerning this RFP.

7.00 Questions Regarding this RFP

Questions must be submitted in writing to the Agency Contact. The Commonwealth will respond to salient questions in writing by issuing an Addendum to the Solicitation. The Addendum shall be posted to the Commonwealth’s eProcurement page.

8.00 Proposal Submission

Electronic Proposals

Proposals shall be received by electronic submission in the eProcurement system, Kentucky Vendor Self Service System.

An electronic proposal shall be authorized by the proper agent of the firm by the act of submitting it electronically through the eProcurement system.

Proposal information MUST be completed online. Response must contain all required information for the Solicitation. All bidders MUST be registered in the Commonwealth eProcurement System via the Vendor Self Service System at https://vss.ky.gov .

Allow 24 – 48 hours to complete Vendor Registration. Vendors must be logged in to their Vendor Self Service (VSS) account in order to submit a response. Registrations completed the day of bid closing must be completed by the Vendor in the VSS portal. The Customer Resource Center is not able to complete registrations and activate accounts on the same day. Closing dates will not be extended for Vendors not registered by the date/time of the bid closing.

All bidders are cautioned to begin their electronic submission in sufficient time to complete before the closing date and time. Delays due to technical difficulties or document upload impediments shall not be justification for acceptance of a late bid or proposal. Vendor attention to this advisory is encouraged. Instructions “How to Submit an Online Response for a Business Opportunity” are posted to Kentucky’s Vendor Self Service, https://vss.ky.gov . If you need assistance, please contact the Customer Resource Center (CRC) by email at Finance.CRCGroup@ky.gov or phone 502-564-9641 or toll-free 877-973-HELP (4357).

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2600000415 Final DMS - Drug Testing Services Total Pages: 32 https://vss.ky.gov https://vss.ky.gov mailto:Finance.CRCGroup@ky.gov

Proposals shall be submitted in three (3) parts: The Technical Proposal, the Cost Proposal, and Proprietary Information. Each part shall consist of one document attachment. Do not submit multiple document attachments as Technical, Cost or Proprietary. All files shall be labeled accordingly. Attachments may not exceed 65,000 KB.

Proposals submitted online must be in an “Accepted” status and shall be assigned a date and time stamp from the eProcurement system at the time of final acceptance and formal submission by the vendor. The system will not allow submission of an online proposal after the published date and time for closing.

A proposal may be modified or withdrawn by electronic or written notice ONLY if received prior to the bid closing date and time. An electronic offer may be modified by applying the appropriate electronic signature and following the procedure in the state’s eProcurement signature.

8.10 Format of Response

Electronic Proposals

Proposals shall be submitted in three (3) parts: the Technical Proposal, the Cost Proposal, and Proprietary Information. Each part shall consist of one document. Do not submit multiple documents as Technical, Cost or Proprietary.

1. Proposals must be submitted electronically in the eProcurement System, Kentucky Vendor Self Service site.

a. The Technical Proposal shall be submitted on one (1) document marked Technical (in Microsoft Word, Microsoft Excel or PDF format ONLY). Do not include embedded documents, hyperlinks or hyperlinks to videos. The document should be named in the following manner: Technical – Name of offeror RFP number

b. The Cost Proposal shall be submitted on one (1) document marked Cost (in Microsoft Word, Microsoft Excel or PDF format ONLY). Do not include embedded documents, hyperlinks or hyperlinks to videos. The document should be named in the following manner: Cost – Name of offeror RFP number

c. Any Proprietary Information shall be submitted on one (1) document marked Proprietary (in Microsoft Word, Microsoft Excel or PDF format ONLY). Do not include embedded documents, hyperlinks or hyperlinks to videos. The document should be named in the following manner: Proprietary – Name of offeror RFP number

All proposals must be received no later than 3:30 PM, 05/07/2026.

Pricing shall only be provided in the Cost Proposal. DO NOT SUBMIT ANY PRICING

INFORMATION IN THE TECHNICAL PROPOSAL.

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All submitted Technical and Cost Proposals shall remain valid for a minimum of six (6) months after the proposal due date.

8.20 Format of Technical Proposal

The Technical Proposal must be arranged and labeled in the manner set forth below.

Transmittal Letter – a Transmittal letter shall be submitted on Offeror’s letterhead and signed by an agent authorized to bind the Offeror. The Transmittal letter shall include the following:

a. A statement that deviations are included, if applicable.

b. A statement that proprietary information is included, if applicable.

c. A statement that, if awarded a contract as a result of this Solicitation, the Offeror shall comply in full with all the requirements of the Kentucky Civil Rights Act, and shall submit all data required by KRS 45.560 to 45.640.

d. A sworn statement that, pursuant to KRS 11A.040, that Offeror has not knowingly violated any provisions of the Executive Branch Code of Ethics.

e. A statement certifying that the price in this proposal was arrived at independently without collusion, consultation, communication, or agreement as to any matter relating to such prices with any other Offeror or with any competitor.

f. A statement affirming that the Offeror is properly authorized under the laws of the Commonwealth of Kentucky to conduct business in this state and will remain in good standing with the Office of the Kentucky Secretary of State for the duration of any awarded contract resulting from this Solicitation.

g. The name, address, telephone number and email address and website address, if available, of the contract person to serve as a point of contact for day-to-day operations.

h. Subcontractor information to include the name of the company, address, telephone number and contact name, if applicable.

i. Foreign entity’s organization number issued by the Secretary of State in a certificate of authority or a statement of foreign qualification, if applicable.

Completed and Signed Solicitation and Addenda – An authorized representative MUST complete and sign the Solicitation form and include the following:

a. “Vendor” box and “Payment” box should be completed.

b. Vendor shall indicate ownership type.

c. Vendor shall provide “FEIN” if applicable.

d. Vendor shall provide date the form is completed and signed.

e. Signed face of the most recent Addenda, if applicable.

Signed and Notarized Required Affidavit for Bidders or Offerors - available at the following link:

https://finance.ky.gov/office-of-the-secretary/Pages/finance-forms.aspx.

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Signed and Notarized Required Affidavit for Bidders, Offerors and Contractors Claiming Resident Bidder Status – if applicable. Available at the following link:

https://finance.ky.gov/office-of-the-secretary/Pages/finance-forms.aspx.

*Offerors not claiming Resident Bidder Status need not submit this affidavit.

Signed and Notarized Required Affidavit for Bidders, Offerors and Contractors Claiming Qualified Bidder Status – if applicable. Available at the following link:

https://finance.ky.gov/office-of-the-secretary/Pages/finance-forms.aspx.

*Offerors not claiming Qualified Bidder Status need not submit this affidavit.

Response to the Technical Portion of the RFP – Please provide a detailed response to the technical requirements outlined in the Evaluation Criteria. No cost information shall be provided in the technical portion.

8.30 Format of Cost Proposal

The Cost Proposal must be submitted under separate cover from the Technical Proposal and must be arranged and labeled in the manner specified. The proposal with the lowest price receives the maximum score. The remaining proposals with the next lowest price receives points by dividing the lowest price by the next lowest price and multiplying that percentage by the available points.

8.40 Certification Regarding Debarment and Suspension

In accordance with Federal Acquisition Regulation 52.209-5, the Offeror shall certify, by signing the Solicitation, that to the best of its knowledge and belief, the Offeror and/or its Principals is (are) not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any state or federal agency.

For the purposes of this certification, “Principals”, means officers, directors, owners, partners, and persons having primary management or supervisory responsibilities within a business entity (e.g., general manager, plant manager, head of subsidiary, division, or business segment, and similar positions.

9.00 Rules of Procurement

To facilitate this procurement, various rules have been established. These are described in the following paragraphs.

Offerors should review and comply with the General Conditions and Instructions for Solicitation/ Contract listed under “Response to Solicitation” located on the eProcurement web page at https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx

The procurement process will provide for the evaluation of proposals and selection of the winning proposal in accordance with state law and regulations. KRS Chapter 45A of the Kentucky Model Procurement Code provides the regulatory framework for the procurement of services by state agencies.

9.10 Technical Proposal Evaluation

The Division of Mine Safety will evaluate the proposal based on the technical portion of the Evaluation Criteria. Each Offeror is responsible for submitting all relevant, factual and correct information with their offer to enable the evaluator(s) to afford each vendor the maximum score

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2600000415 Final DMS - Drug Testing Services Total Pages: 32 https://finance.ky.gov/office-of-the-secretary/Pages/finance-forms.aspx https://finance.ky.gov/office-of-the-secretary/Pages/finance-forms.aspx https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx based on the available data submitted by the Offeror. Past Offeror Performance may be considered in the award of this Contract. Offerors with a record of poor performance in the last twelve (12) months may be found non-responsible and ineligible for award.

9.20 Cost Proposal Evaluation

The Division of Mine Safety will evaluate the proposal based on the cost portion of the Evaluation Criteria.

Offeror shall only provide cost on the attached Cost Proposal Form; otherwise, the proposal may be deemed non-responsive.

9.30 Right to Reject/Waiver of Minor Irregularities

The Commonwealth reserves the right at its discretion to reject any and all offers. The Commonwealth also reserves the right at its discretion to waive informalities and minor irregularities in offers received.

9.40 Clarification of Proposals

The Commonwealth reserves the right at its discretion to request additional information as may reasonably be required for selection and to reject any proposals for failure to provide additional information on a timely basis.

The Commonwealth reserves the right to conduct discussions with any Offeror who has submitted a proposal to determine the Offeror’s qualifications for further consideration. Such discussions shall not disclose any information derived from proposals submitted by other Offerors.

9.50 Best and Final Offers

The Commonwealth reserves the right at its discretion to request a Best and Final Offer (BAFO) for technical and/or cost proposals. Offerors are cautioned to propose their best possible offers at the outset of the process, as there is no guarantee that any Offeror will be allowed an opportunity to submit a Best and Final technical and/or cost offer.

9.60 Vendor Response and Public Inspection

This RFP specifies the format, required information and general content of proposals to be submitted in response to the RFP. The Energy and Environment Cabinet/Division of Mine Safety shall not disclose any portions of the proposals prior to contract award to anyone outside the Energy and Environment Cabinet/Division of Mine Safety, representatives of the agency for whose benefit the contract is proposed, representatives of the federal government, if required, and the members of the evaluation committee. After a contract is awarded in whole or in part, the Commonwealth shall have the right to duplicate, use, or disclose all proposal data submitted by Offerors in response to this RFP as a matter of public record.

Any and all documents submitted by an Offeror in response to the RP shall be available for public inspection after contract award pursuant to the Kentucky Open Records Act, KRS 61.870 to 61.884 (“the Act”). When responding to a request to inspect records submitted in response to this RFP, the Commonwealth will not redact or withhold any information or documents unless the records sought are exempt from disclosure pursuant to KRS 61.878 or other applicable law. Similarly, no such documents shall be exempt from public disclosure, regardless of the Offeror’s designation of the information contained therein as “proprietary,” “confidential,” or otherwise, except in cases where the requested documents (or information contained therein) would be excluded from application of the Act under KRS 61.878(1)(c).

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The Commonwealth of Kentucky shall have the right to use all system ideas, or adaptations of those ideas, contained in any proposal received in response to this RFP. Selection or rejections of the proposal will not affect this right.

9.70 Reciprocal Preference for Kentucky Resident Bidders and Preferences for a Qualified Bidder The scoring of bids/proposals is subject to the reciprocal preference for Kentucky resident bidders and preferences for a Qualified Bidder or the Department of Corrections, Division of Prison Industries (See KRS 45A.490(1), (2), 45A.492, 45A.494 and KAR 200 5:410).

Vendors not claiming resident bidder or qualified bidder status need not submit the corresponding affidavit.

Determining the residency of a bidder for purposes of applying a reciprocal preference

Any individual, partnership, association, corporation, or other business entity claiming resident bidder status shall submit the attached Required Affidavit for Bidders, Offerors and Contractors Claiming Resident Bidder Status as part of its response. The Division of Mine Safety reserves the right to request documentation supporting a bidder’s claim of resident bidder status. Failure to provide such documentation upon request shall result in disqualification of the bidder or contract termination.

As part of its response, a nonresident bidder shall submit its certificate of authority to transact business in the Commonwealth of Kentucky, Secretary of State. The location of the principal office identified therein shall be deemed the state of residency for that bidder. If the bidder is not required by law to obtain said certificate, the state of residency for that bidder shall be deemed to be that which is identified in its mailing address as provided in its bid.

Preferences for Qualified Bidder or the Department of Corrections, Division of Prison Industries (200 KAR 5:410)

Pursuant to KRS 45A.470 and 200 KAR 5:410, Kentucky Correctional Industries will receive a preference equal to twenty (20) percent of the maximum points awarded to a bidder in a solicitation. In addition, the following “qualified bidders” will receive a preference equal to fifteen

(15) percent of the maximum points awarded to a bidder in a solicitation. New Vision Industries, Inc., any nonprofit corporation that furthers the purposes of KRS Chapter 163 and any qualified nonprofit agencies for individuals with severe disabilities as defined in KRS 45A.465(3). Any bidder claiming “qualified bidder” status, other than New Vision Industries, Inc., shall submit a notarized affidavit affirming that it meets the requirements to be considered a qualified bidder as part of its response to the solicitation (affidavit form included as part of this RFP). If requested, failure to provide documentation proving qualified bidder status to a public agency, if requested, may result in disqualification of the bidder or contract termination.

9.80 Negotiation

After conducting the evaluation to determine the best proposal received, the Division of Mine Safety reserves the right to negotiate a fair and reasonable compensation based on the pricing submitted in the Offeror’s proposal. If the negotiations fail to reach an agreement on a fair and reasonable compensation rate, the Division of Mine Safety reserves the right to proceed to the next

Document Phase Document Description Page 19 highest ranked proposal. Other terms and conditions relating to the technical and/or cost proposals may be negotiated at the sole discretion of the Commonwealth.

9.85 Best Interests of the Commonwealth

The Commonwealth will rank all proposals in the manner set forth in the Evaluation Criteria.

However, the Commonwealth reserves the right to reject any or all proposals in whole or in part before, during, or after negotiation based on the best interests of the Commonwealth.

CONTRACT AWARD, TERMS, AND CONDITIONS

10.00 Notification of Award

To view the award of contract(s), including the contractor(s) receiving the award(s) for this solicitation, access the Kentucky Vendor Self Service Site at:

Offerors can search for the solicitation title or number in the keyword search field or filter their search for only awarded solicitations by clicking on “Advanced Search” and changing the status to “awarded.” The award(s) information can be accessed by clicking on the details button of the solicitation and clicking the “Notice of Award” tab. It is the Offeror’s responsibility to review this information in a timely fashion. No other notification of the results of an Award of Contract will be provided to unsuccessful Offerors.

10.10 Beginning of Work

This Contract is not effective and binding until approved by the Secretary of the Finance and Administration Cabinet and filed with the Legislative Research Commission’s Government Contract Review Committee. The Contractor shall not commence any billable work until a valid Contract has been fully executed. This Contract, including the components referenced in Section 10.20, shall represent the entire agreement between the parties. Prior negotiations, representations, or agreements, either written or oral, between the parties hereto relating to the subject matter hereof shall be of no effect upon this Contract.

10.20 Contract Components and Order of Precedence

The Commonwealth’s acceptance of the Contractor’s offer in response to the Solicitation, indicated by the issuance of a Contract Award, shall create a valid contract between the Parties consisting of the following:

1. Procurement Statutes, Regulations and Policies

2. Any written Agreement between the Parties.

3. Any Addenda to the Solicitation.

4. The Solicitation and all attachments

5. Any Best and Final Offer.

6. Any clarifications concerning the Contractor’s proposal in response to the Solicitation.

7. The Contractor’s proposal in response to the Solicitation.

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In the event of any conflict between or among the provisions contained in the Contract, the order of precedence shall be as enumerated above.

10.30 Contract Term and Renewal Option

The initial term of the Contract is anticipated to be from July 1, 2026, through June 30, 2028.

This agreement is not effective until the Secretary of the Finance and Administration Cabinet or his authorized designee has approved the Contract and until the Contract has been filed with the Legislative Research Commission, Government Contract Review Committee.

The Commonwealth reserves the right to renew this contract for up to two (2) additional two (2) year periods.

Renewal shall be subject to prior approval from the Secretary of the Finance and Administration Cabinet, or this authorized designee, and the LRC Government Contract Review Committee in accordance with KRS 45A.695 and KRS 45A.705.

10.40 Changes and Modifications to the Contract

Pursuant to 200 KAR 5:311, no modification or change of any provision in the Contract shall be made, or construed to have been made, unless such modification is mutually agreed to in writing by the Contractor and the Commonwealth, and incorporated as a written amendment by the Division of Mine Safety prior to the effective date of such modification or change. Modification shall be subject to prior approval from the Secretary of the Finance and Administration Cabinet, or this authorized designee, and the LRC Government Contract Review Committee. Memoranda of Understanding, written clarification, and/or other correspondence shall not be construed as amendments to the Contract.

10.50 Insurance Requirements

** Proof of all required insurances should be provided prior to award.**

A Certificate of Insurance (COI) on an ACORD form is required unless approved by the Commonwealth’s Office of the Controller.

A. Required Coverage The awarded vendor(s) shall be responsible for maintaining, and not reducing, the following insurance coverages, types, and limits of liability. Further awarded vendor shall be able to produce evidence of insurance in compliance with part C of this section through the entire contract:

Commercial General Liability Insurance in accordance with minimum limits of liability of $1,000,000.00 per occurrence, $2,000,000.00 aggregate. The Commonwealth, in the Request for Solicitation, may require higher limits depending on the type of solicitation.

B. Additional Types of Insurance

1. Automobile Liability Insurance (If Applicable) Automobile Liability Insurance is required for delivery, onsite training, services or events in all situations where the Contractor must drive to any property where

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Commonwealth operations occur. With regard to delivery, if the items requested in this solicitation will be delivered by the awarded Contractor or Subcontractor, proof of Automobile Liability Insurance must be provided prior to award. If items will be delivered by common courier (USPS, FedEx, UPS, Old Dominion Freight Line, etc.), this requirement does not apply.

The Contractor or Subcontractor must provide a certificate of insurance coverage for any vehicle used in performance of this contract, whether owned, non-owned, or hired, or other vehicles utilized by the Contractor or Subcontractor. Said policy of insurance to have a minimum coverage limit of $1,000,000.00 per occurrence combined single limit for bodily injury, including death, and property damage.

This requirement does not apply if the Contractor does not own, lease, or hire any automobiles to be used in connection with performance under any Contract resulting from this Solicitation.

2. Professional Liability Insurance (If Applicable) Professional Liability (Error & Omissions) Insurance shall be required for all professional services performed by licensed or certificated individuals or individuals working on behalf of licensed or certificated individuals. The required Professional Liability Insurance shall have a minimum limit of liability of $1,000,000.00 per claim for damages arising out of negligent acts, errors, and/or omissions in the performance of services.

C. Evidence of Insurance Coverage

The successful bidder shall provide evidence of insurance coverage as required.

Failure to do so shall constitute a material breach of this Contract and may result in immediate cancellation of the Contract.

For all required insurance coverages, during the course of the Contract, the awarded vendor shall not be self-insured or utilize a Captive Insurer or a fronting policy that shifts risk back to the awarded vendor without prior written approval by the Office of the Controller of the Commonwealth.

Further, the awarded vendor shall not utilize an insurer or similar entity not in good standing with the Insurance Commissioner to fulfill the insurance requirements of the contract without prior written approval by the Office of the Controller of the Commonwealth.

Such approvals may require additional financial review, proof of funds, or bonding requirements sufficient for the risk associated with the services covered by the Contract, and approval or rejection is within the sole discretion of the Commonwealth’s Office of the Controller.

Contractor shall furnish the Certificate of Insurance prior to award and shall, upon request of the Commonwealth at any time during the contract term, provide a current, valid Certificate of Insurance.

Contractor and/or its insurer shall provide immediate notice of nonrenewal or cancellation of coverage during the course of the Contract.

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All Certificates of Insurance must be signed by an authorized representative of the insurance agency, shall be in compliance with the laws of the Commonwealth of Kentucky, and shall be placed with a licensed resident or non-resident agent who represents insurance companies authorized to do business in Kentucky. The insurer shall have an AM Best rating of B+ or higher. Visit www.ambest.com for verification. Failure to meet this requirement may result in the bid being deemed non-responsive. A list of authorized companies can be found at https://insurance.ky.gov/ ppc/Company/Default.aspx.

The certificate holder shall be listed as:

Energy and Environment Cabinet

300 Sower Blvd.

Frankfort, KY 40601

Attn: Robin Uphoff

Endorsement of Additional Insured.