Final_RFQ_605_2300000074_1_SO_FORM.PDF

Document ID: RFQ 605 2300000074 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: Request for Qualifications - Ky Ignition Interlock Program

Date Issued:

10/17/2022 Record Date:

10/17/2022

Solicitation Closes Date:

11/30/2022 Time:

16:00

Solicitation No:

RFQ 605 2300000074

Online Bidding Prohibited: Yes For Information Call:

Laura Hagan 502-782-3980

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: RFQ 605 2300000074 Page: 2

Line Items

Commodity Group: Default Commodity Group

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

1 Ky Ignition Interlock Program 0.00000

Comm Code Comm Description Manufacturer Model # Manuf Part #

28565 Ignition, Starting Aid, High Pressure Sodium, All Types

Extended Description Applications shall be submitted via Secure File Transfer on https://ftp.ky.gov

To login use:

Username: kytcbid Password: Submitter20

Folder Path:

KYAgencies - KYTranportation- Purchasing - RFQ 23.74 Ignition Interlock Devices

Please use the following method to label submitted documents:

RFQ 23.74 - Offeror Name - Name of Document

Shipping Information KYTC Office of Highway Safety

200 Mero Street 6th Floor Frankfort KY 40622

Billing Information KYTC Office of Highway Safety

200 Mero Street 6th Floor Frankfort KY 40622

Document ID: RFQ 605 2300000074 Page: 3

Submission Checklist

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

Item Application Fee Register as Vendor Experience in development and maintenance of Ignition Interlock Program All details on the interlock device Schedule of establishment of service centers Sample Contract between applicant and the provider Statement of Financial Viability Three References Disclose all potential fees.

Proof of Insurance Signed indemnification statement

Kentucky Ignition Interlock Program

Location of assignment: Statewide

Certification Period: January 1, 2023 through December 31, 2024

Applications will be opened for review October 17, 2022 and must be received by November 30, 2022. If approved, certification will begin January 1, 2023 through December 31, 2024.

All inquiries for information shall be directed to:

Laura Hagan, CPPO, CPPB KYTC Division of Purchases 200 Mero Street, 4th Floor East Frankfort, KY 40622 Phone: 502-782-3980 Laura.Hagan@ky.gov

Section 1. Purpose The Kentucky Transportation Cabinet is requesting qualifications from device providers who desire to provide ignition interlock devices and services for the population of drivers who have been convicted of driving under the influence in Kentucky.

Section 2. Service Performance All services performed shall be in accordance with the terms and conditions contained herein. It shall be the device provider’s responsibility to ensure that such services rendered are performed and are acceptable.

There is no guarantee of work.

The relationship between the State and the device provider is that of client and independent contractor. No agent, employee, or servant of the device provider or any of its subcontractors shall be or shall be deemed to be an employee, agent, or servant of the Commonwealth for any reason. The device provider shall be solely and entirely responsible for its acts and the acts of its agents, employees, servants and subcontractors during the certification period.

Deviations of services performed shall not be made without the written approval of the cabinet.

Problems that arise under any aspect of performance shall be resolved between the device provider and the agency. If such problems and/or disagreements cannot be resolved they shall be referred to the KYTC Division of Purchases for mediation.

Ignition interlock devices are available when convicted, pursuant to Kentucky Revised Statute 189A after July 1, 2020 or required when ordered by a court of proper jurisdiction pursuant to Kentucky Revised Statute 189A.

Section 3. Kentucky Ignition Interlock Program (KIIP) The Kentucky Ignition Interlock Program (KIIP) shall be an administratively and a judicially focused program administered jointly by the Kentucky Transportation Cabinet, Administrative Office of the Courts. Statutory changes took effect July 1, 2020. Device providers will be required to adhere to previous guidelines in addition to the guidelines of KIIP. The participants that began or are convicted under the “old” law may continue as “Legacy” participants.

Document Description Page 4

2300000074 Request for Qualifications - Ky Ignition Interlock Program mailto:Laura.Hagan@ky.gov

Defendants cited after July 1, 2020 under the SB85 rules may apply to the cabinet as “KIIP” participants.

Section 4. Definitions

The words and terms used in this Request for Qualifications (RFQ) shall have the following meanings unless the context clearly indicates otherwise:

"Alcohol Concentration" means either grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.

"Applicant" means the individual required by the Court to drive a motor vehicle that has a certified ignition interlock device installed.

"BAC" or "blood alcohol concentration" means the amount of alcohol in an applicant's blood or breath as determined by chemical analysis that is measured by the number of grams of alcohol per 100 milliliters of blood, or 210 liters of breath.

"Breath test" means an analysis of the breath alcohol concentration of a deep lung breath sample.

"Calibration" means the process that ensures an accurate alcohol concentration reading is being obtained on the ignition interlock device.

“Cabinet” means the Kentucky Transportation Cabinet

“Camera” means a device used in conjunction with an ignition interlock device to capture photos at the time of each sample, to be used to ensure proper interlock usage

“Certification” means the approval process required by the Commonwealth of Kentucky for ignition interlock device providers prior to operating within the state.

“Circumvention” means an overt, conscious attempt to bypass the ignition interlock device whether providing samples other than the natural unfiltered breath of the driver, or by operating the vehicle without using the ignition interlock device, or any other act intended to operate the vehicle without first taking and passing a breath test, and thus permitting a driver with a BrAC in excess of the alcohol set point to operate the vehicle.

“Declaration of Compliance” means vendor declaration of client compliance a 90 or 120 day period prior to conclusion of the incentive or suspension period as mentioned in 189A.340.

"Deep lung breath sample," also known as "alveolar breath sample," means an air sample that is the last portion of a prolonged, uninterrupted exhalation and that gives a quantitative measurement of alcohol concentration from which breath alcohol concentrations can be determined. "Alveolar" refers to the aveoli, that are the smallest air passages in the lungs, surrounded by capillary blood vessels and through which an interchange of gases occurs during respiration.

"Device" means a breath alcohol ignition interlock device.

"Device certification" means the testing and approval process required by the Kentucky Transportation Cabinet.

"Device provider certification" means the process of determining that a device provider has been approved to provide ignition interlock devices and services in the Commonwealth of Kentucky.

Document Description Page 5

2300000074 Request for Qualifications - Ky Ignition Interlock

"DVR" or “Department” means the Kentucky Department of Vehicle Regulation.

"Fail point" means the level at which the breath alcohol concentration, as established in KRS 189A.010, is sufficient to prevent a motor vehicle equipped with an ignition interlock device from starting.

"Free restart" means the ability to start the engine again within a two-minute period of time without completion of another breath test, when the condition exists where a breath test is successfully completed and the motor vehicle is started, but then the engine stops for any reason (including stalling).

“Ignition Interlock Certification of Installation” means a certificate providing that the installed ignition interlock device is certified for use in the Commonwealth as established under Section 15 of KRS 189A.005;

"Ignition interlock device" means a device, certified by the Transportation Cabinet for use in this Commonwealth as established under Section 15 of KRS 189A, that connects a motor vehicle ignition system or motorcycle ignition system to a breath alcohol analyzer and prevents motor vehicle ignition or motorcycle ignition from starting, and from continuing to operate, if a driver’s breath alcohol concentration exceeds 0.02%, as measured by the device;

“Ignition interlock device provider” means any person, company engaged in the business of manufacturing, selling, leasing, servicing, or monitoring ignition interlock devices in the Commonwealth;

“Ignition interlock license” means a motor vehicle or motorcycle operator’s license issued or granted by the laws of the Commonwealth of Kentucky that, with limited exceptions, permits a person to drive only motor vehicles or motorcycles equipped with a functioning ignition interlock device.

"Manufacturer" means the actual maker of the ignition interlock device who assembles the product and distributes it to device providers.

“Medical accommodation” means non-standard calibration of a device that has been adjusted to detect the BAC level of applicants eligible for a medical exemption due to diminished lung capacity requiring a reduced air sample.

"Motor vehicle" means a motor vehicle as defined in KRS 189A.010 (19).

"Permanent lockout" means a feature of the ignition interlock device that prevents a motor vehicle from starting until the ignition interlock device is reset by a service provider or technician.

“Provider Representative” means a device provider employee who provides oversight of the service provider’s ignition interlock operations in the Commonwealth of Kentucky.

"Retest" means an additional opportunity to provide a deep lung breath sample below the alcohol fail point.

"Rolling retest" means a test of the applicant's blood alcohol concentration required at random intervals during operation of the motor vehicle that triggers the flashing of lights if (i) the test indicates that the applicant has a blood alcohol concentration that exceeds .02% or (ii) the applicant failed to take the test.

Document Description Page 6

"Service Center" means the physical location where the service provider technician installs, calibrates, and removes the ignition interlock device on the applicant's vehicle.

“Service Center inspection” or “center inspection” means the process of determining that a service provider and its technicians are approved to provide interlock services the Commonwealth of Kentucky.

"Tampering" means an unlawful act or attempt to disable or circumvent the legal operation of the ignition interlock device to include providing samples other than the natural breath of the applicant, starting the motor vehicle without using the ignition switch, an act intended to start the motor vehicle without first taking and passing a breath test, or physically tampering with the device to disable or otherwise disconnect the device from its power source.

“Technician” means a service provider employee that installs, calibrates, or removes interlock devices in the Commonwealth of Kentucky.

"Temporary lockout" means the temporary ability of the ignition interlock device to prevent a motor vehicle's engine from starting.

"Violation" means an event, such as a breath test indicating a BAC reaching the fail point upon initial startup, a refusal to provide a rolling retest deep lung breath sample, a rolling retest with a BAC reaching the fail point, altering, concealing, hiding, or attempting to hide one’s identity from the ignition interlock system’s camera while providing a breath sample, or tampering that breaches the guidelines for use of the interlock device.

"Violation reset" means a feature of the ignition interlock device that activates a service reminder due to a violation or failure to report for calibration within thirty-five (35) days of the installation or previous calibration.

Section 5. Scope of Work The purpose of an ignition interlock program is to provide an alternative sanction, at no cost to the Commonwealth, for persons convicted of driving under the influence that would permit and encourage them to continue as productive members of society. Successful device providers must be able to provide devices and service within the parameters specified herein in order to be certified and eligible to participate in Kentucky’s program. The duration of the certification will be January 1, 2023 through December 31, 2024. Application for new applicant and renewals will open October 1, 2024. Certification periods will continue every 2 years with an opening to renewal and new applications on December 1 in the year prior to expiration.

Section 6. Certification of Device Providers:

A. The Kentucky Transportation Cabinet shall issue a Request For Qualifications (RFQ) to certify ignition interlock providers for the services and commodities required for the implementation and maintenance of the Commonwealth's ignition interlock program every two years.

B. Integrity of the Ignition Interlock Program shall be upheld by restricting the delivery of interlock devices and services to only certified device providers and device provider-designated service providers. Denial of subcontracting of the interlock device and services to the consumer is an integral part of protecting the chain of evidence for court testimony and evidentiary procedures.

C. A device provider seeking certification by the Kentucky Transportation Cabinet shall:

Document Description Page 7

1. Submit a $500 application fee for this certification period $200 for renewal of certification thereafter.

a. Make check payable to Kentucky Treasurer

b. Mail to:

Kentucky Office of Highway Safety Attn: Tiffany Duvall 200 Mero St Frankfort, KY 40622

2. All providers are required to be a registered vendor with the Commonwealth of Kentucky.

To become a registered vendor follow the steps below.

How to Activate VSS Account: https://emars311.ky.gov

Click the Register Button on the left side of the page Read the Registration Agreement and click Accept Terms

Click Next on the Registration Tips Page On the Search for an Existing Account page, for a Company you can EITHER search by your EIN or the Legal Business Name OR for an Individual search by the Last Name and Last 4 #s of the SSN/EIN, then click Search.

3. Submit evidence demonstrating successful experience in the development and maintenance of an ignition interlock program in Kentucky, other states, or other countries.

The device provider shall be dedicated to the distribution, installation and maintenance of ignition interlock devices.

4. Agree to supply and train staff, including service technicians, provide on sight training to ensure good customer service and in compliance with all terms and conditions as established herein. Personnel hired to perform ignition interlock administration or services in the Commonwealth of Kentucky:

a. Shall not have been convicted of a felony or a crime substantially related to the qualifications, functions, and duties associated with the installation and inspection of the devices; and

b. Shall not have been convicted of a misdemeanor potentially punishable by confinement, within a five (5) year period prior to hiring. The Cabinet may request a record verification to ensure compliance.

c. Device provider call centers should have up to date and accurate knowledge articles based on the Kentucky participant and device requirements.

5. Agree to provide expert or other required testimony in any civil or criminal proceedings as to the method of manufacturing the device, ignition interlock functionality, and the testing protocol by which the device is calibrated and serviced.

D. Agree to provide a list of all service providers and technicians seeking to work in the Commonwealth of Kentucky. The list shall be submitted at least thirty (30) days prior to the performance of any ignition interlock services in the Commonwealth of Kentucky. The provider shall agree to supplement the list of service technicians as new technicians are hired and facilities are opened.

E. Ensure that the designated Provider Representative is trained and available to testify in court if required by a court or Commonwealth or County Attorney regardless of whether a subpoena is issued.

F. Submit a plan which describes the device provider’s proposed fixed installation and service centers. The plan shall include fixed centers in each of the twelve (12) highway districts with a minimum of one (1) service center in each district. Interlock service centers shall be inspected and certified by the cabinet or its designee within thirty (30) says of initial certification and will be subject to random inspections periodically. Locations shall receive at least one annual inspection.

a. There will be a $100 fee for initial and annual inspections per KRS 189A.350.

Document Description Page 8

2300000074 Request for Qualifications - Ky Ignition Interlock https://emars311.ky.gov/

b. Subsequently, there will be an additional $150 fee for a revisit after a failed inspection per KRS 189A.350.

G. Ensure there is a technician in Kentucky that is trained to install devices on hybrid and fully electric vehicles within 100 miles of every resident.

H. Providers shall:

1. Comply with all local business license and zoning regulations, and with all federal, state, and local health, fire, and building code requirements;

2. Comply with all local, state, and federal laws pertaining to the provision of physical access to persons with disabilities;

3. Maintain applicant records in a manner that complies with federal confidentiality guidelines.

All applicant files, payment receipts, and other identifying information shall be kept and located in, at minimum, secured and locked filing cabinets. Electronic storage of client files shall be permissible if encrypted and secured to prevent third party access;

4. Provide a sample of any contract with the certification application that will be used between the applicant and provider for the use of an Interlock device and services;

5. Disclose all potential fees the client may be responsible to pay.

6. Replace an ignition interlock service center within thirty (30) days whenever the closing of an interlock service center results in non-compliance with the requirements established herein. The device provider is also required to notify applicants of the closure date and the address of the new interlock service center within thirty (30) days of the closure date;

7. The cabinet shall monitor the ignition interlock device service locations of providers. There will be a random or designated selection process to require a provider to provide ignition interlock device services in any area of the Commonwealth which the cabinet determines is underserved by providers;

8. Ensure that technicians maintain a professional appearance and are attired in such a manner as to be readily identifiable as service provider employees;

9. Ensure that interlock service centers are tidy and pose no hazards to public safety.

10. Provide the Kentucky Transportation Cabinet a minimum of thirty (30) days notice prior to the scheduled opening date of a new location. This requirement will allow the Kentucky Transportation Cabinet or its designee reasonable time to schedule an inspection of the new facility prior to opening services to Kentucky applicants.

11. Submit proof of insurance covering liability related to ignition interlock operations, services, and equipment, including coverage in Kentucky, with a minimum policy limit of $1 million per occurrence, and $3 million general aggregate total. The device provider’s liability insurance shall be considered primary above all other available insurance and shall so stipulate in the “other insurance”, or other applicable section, of the device provider’s insurance contract.

Insurance Certificate should be an ACORD Certificate with the certificate holder listed as:

Kentucky Transportation Cabinet Division of Purchases 4th Floor East 200 Mero Street Frankfort, KY 40622

12. Submit documentation that the device provider will provide a full-time Provider Representative who will work exclusively with the Kentucky interlock program. The Provider Representative will be expected to

(i) respond promptly to problems in the field,

(ii) testify before applicable courts, the General Assembly of Kentucky, or the Kentucky Transportation Cabinet,

(iii) assist and provide training to the Kentucky Transportation Cabinet, Kentucky Transportation Cabinet staffs (local and statewide) and other stakeholders as requested by the Kentucky Transportation Cabinet, and

Document Description Page 9

(iv) be responsible for quality control reports and statistics, updates to all required documentation, and field services reporting and repairs. In the event of a Provider Representative vacancy, device providers shall submit to the Kentucky Transportation Cabinet the name of an interim Provider Representative within ten (10) days of the vacancy and the name of a permanent Provider Representative within sixty (60) days of the vacancy;

13. The provider shall provide a signed statement indemnifying and holding harmless the Commonwealth of Kentucky, the Kentucky Transportation Cabinet, and its members, employees, and agents from all claims, demands, and actions, as a result of damage or injury to persons or property that may arise, directly or indirectly, out of an act or omission by the manufacturer, device provider, or its service providers relating to the installation, service, repair, use, or removal of an ignition interlock device. Coverage shall extend to any action taken, or not taken, by the Kentucky Transportation Cabinet due to verified errors in reporting of interlock activity by the device provider or service providers;

i) Notify the Kentucky Transportation Cabinet in writing, within fifteen (15) days, of a disciplinary action taken by a state or other political entity in which the device provider conducts or has conducted ignition interlock business. This notification shall include the reason for the disciplinary action and other information as the Kentucky Transportation Cabinet may reasonably request. This requirement applies regardless of the existence of an appeal.

ii) Upon request of the Cabinet, the device provider shall provide literature promoting its device.

iii) Provided that all Interlock device and provider certification requirements are met, the Kentucky Transportation Cabinet may certify those device providers and multiple makes and models of ignition interlock devices for use in the Commonwealth of Kentucky.

Section 7. Fees

A. Pursuant to KRS 189A.340(7), device providers may charge applicants for commodities and services at rates up to, but not to exceed, the following:

1. $100 for a standard ignition interlock installation;

2. $130 for the installation of an ignition interlock on an alternative fuel motor vehicle or a motor vehicle with a push button starter;

3. $100 per month plus any applicable taxes, covering:

i. Device rental;

ii. Scheduled device calibrations and monitoring;

iii. Required insurance in case of theft, loss, or damage to the device and its components.

4. $30 for the removal of an ignition interlock device;

5. $50 plus mileage calculated at the Commonwealth of Kentucky mileage rate in effect at the time, not to exceed 100 miles, for service calls;

6. $50 for violation resets, when the violation is determined to be due to the fault of the applicant;

7. $35 for missed appointments;

8. $50 per hour, not to exceed four total hours, for repairs and reinstallation of the ignition interlock when it is determined by the Kentucky Transportation Cabinet that the applicant illegally tampered with the device.

9. A reasonable amount for returned checks;

B. Upon court or cabinet determination of applicant indigence and a determination of payment less than the amount specified herein, the device provider shall accept any cabinet approved or court ordered amount paid by the applicant as payment in full.

Document Description Page 10

1. A KIIP applicant requesting reduced payments shall file a TC94-188 form concurrently with the completed KIIP application or thereafter as needed. The cabinet will determine if the participant will pay 100%, 75%, 50% or 25% of items 1, 2, 3 & 4 of Section A.

i Affordability is determined by the current federal poverty guidelines.

ii The cabinet requires participants to apply for possible reduction annually.

2. Legacy participants’ financial situation may be evaluated by the convicting courts.

C. Participants will not be charged early termination fees if they successfully complete the program prior to the maximum suspension period.

Section 8. Suspension or revocation of ignition interlock device and provider certification

A. The Kentucky Transportation Cabinet may indefinitely suspend or revoke certification of an ignition interlock device, device provider, or the approval of interlock service providers, service centers, or technicians for the following reasons:

1. When there is a voluntary request by a device provider to cancel certification of a device;

2. When a device is discontinued by the manufacturer;

3. When the device provider's liability insurance is terminated or cancelled;

4. When the device provider attempts to conceal its true ownership;

5. When materially false or inaccurate information is provided relating to a device's performance standards;

6. When there are defects in design, materials, or workmanship causing repeated failures of a device;

7. When the device or service provider knowingly permits nonqualified service technicians to perform work;

8. When a device or service provider assists users with circumventing or tampering with a device;

9. When service or the submission of required reports is not provided in a timely manner.

10. When there is a pattern of substandard customer service.

11. When the device or service provider interferes with or obstructs a site review or investigation by the Kentucky Transportation Cabinet or its designee.

12. When there are any other violations of the provisions contained in the Kentucky Revised Statutes, Kentucky Transportation Cabinet regulations, or the ignition interlock certificate;

13. When a device provider fails to fully correct an identified interlock facility noncompliance issue within the required time frame, or by the guidelines, provided by the Kentucky Transportation Cabinet;

14. When a device or service provider solicits business via direct influence or marketing to judicial, court, or KYTC personnel;

15. When there is a pattern of identified interlock service center non-compliance issues;

16. When there is an identified public safety or client confidentiality issue at an ignition interlock service center; or

17. When a device or service provider impedes, interrupts, disrupts, or negatively impacts an investigation conducted by the Kentucky Transportation Cabinet or its designee involving customer service issues, vehicle damage or other complaint brought forward by a third party.

18. When provider fees are more than 30 days past due.

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B. If a suspension or revocation of an ignition interlock certificate occurs, the device provider may request a hearing pursuant to KRS Chapter 13B within 15 days of being notified of its suspension, revocation or decertification to contest the decision. Should revocation of certification be upheld, the device provider remove all devices currently installed and serviced by the device provider who is subject to the revocation, and will bear the costs associated with the required removal and may be required to install a new approved device at the providers own expense. In addition, the device provider subject to the revocation shall continue to provide services for currently installed Kentucky applicants for a time to be determined by the Kentucky Transportation Cabinet, but no longer than ninety (90) days.

C. Device providers who are suspended shall continue to provide services for currently installed Kentucky applicants pursuant to this RFQ; however no new ignition interlock installations shall be permitted during the period of suspension.

D. If a device provider terminates the agreement or goes out of business, the device provider shall be responsible for the removal of all currently installed devices from vehicles serviced by the device provider and shall bear the costs associated with the required removal and installation of a new approved device with another provider. In addition, the device provider who terminates the agreement or goes out of business shall continue to provide services for currently installed Kentucky applicants for ninety (90) days from the date of the device provider’s notification to the Kentucky Transportation Cabinet that they will be terminating ignition interlock services in Kentucky.

E. Device Providers shall make an applicant’s records available to the applicant at no charge for transfer to a new provider of the applicant’s choice.

Section 9. Ignition Interlock Device Certification

A. All ignition interlock devices used by the provider certified herein pursuant to KRS Chapter 189A shall be certified by the Kentucky Transportation Cabinet. The Kentucky Transportation Cabinet shall maintain a list of certified ignition interlock devices and device providers.

B. A provider seeking certification of interlock device(s) by the Kentucky Transportation Cabinet shall submit:

1. The name and address of the ignition interlock device manufacturer;

2. The name and model number of the ignition interlock device;

3. A detailed description of the device including drawings, schematics, wiring protocols, and instructions for its installation and operation;

4. Certification from an independent laboratory that its ignition interlock device has been tested in accordance with the most current model specifications published in the Federal Register by the National Highway Traffic Safety Administration (NHTSA). The device provider is required to provide a certified affidavit that the ignition interlock device model complies with all applicable state standards, including written documentation, current within five (5) years, from either a certified testing laboratory or a National Highway Traffic Safety Administration (NHTSA) testing lab that the ignition interlock model for which certification is being sought meets or exceeds the current National Highway Traffic Safety Administration’s (NHTSA) model specifications. Included with the certification report should be the name and location of the testing laboratory, the address and phone number of the testing laboratory, a description of the tests performed, copies of the data and results of the testing procedures, and the names and qualifications of the individuals performing the tests.

Section 10. Ignition Interlock Device Specifications

A. Except where otherwise required in these regulations, all ignition interlock devices shall meet the model specifications for Breath Alcohol Ignition Interlock Devices (BAIID) as set forth in the most current model specifications published in the Federal Register by the National Highway Traffic Safety Administration (NHTSA), and operate reliably over

Document Description Page 12 the range of motor vehicle environments or motor vehicle manufacturing standards. At a minimum, the following specifications shall be met:

1. The ignition interlock device shall work accurately and reliably in an unsupervised environment, at minimal inconvenience to others, and without impeding the safe operation of the motor vehicle.

2. The ignition interlock device shall analyze a specimen of alveolar breath for alcohol concentration, correlate accurately with established measures of blood alcohol concentration, and be calibrated according to the manufacturer's specifications.

3. The ignition interlock device shall be alcohol specific, using an electrochemical fuel cell that reacts to and measures ethanol, minimizing positive results from other substances.

4. The ignition interlock device shall indicate when a 1.2 L. breath sample has been collected and shall indicate this by audible or visual means. The Kentucky Transportation Cabinet may authorize service providers to adjust the breath volume requirement to as low as 1.0 liter upon receipt of documentation from a licensed physician verifying the existence of an applicable medical condition warranting medical accommodation. The physician’s documentation shall be included on the applicant’s ignition Interlock device application on forms specified by the cabinet. A medical accommodation for the ignition interlock requirement shall only be approved upon authorization of the court with jurisdiction.

5. The ignition interlock device shall detect and record a BAC that reaches the fail point for ignitions, attempted ignitions, and rolling retests.

6. The results of the test shall be noted through the use of green, yellow, and red signals or similar pass/fail indicators. No digital blood alcohol concentration shall be indicated to the applicant.

7. The ignition interlock device shall lock out an applicant when a BAC reaches the fail point.

8. The ignition interlock device shall have the ability to prevent the normal operation of the motor vehicle by an applicant who fails to retest.

9. The ignition interlock device shall have the ability to perform a permanent lockout if the applicant fails to appear for a scheduled monitoring appointment after the applicable (3) day grace period. The device provider shall provide a code, smart key, or other similar unlock feature to applicants whose interlock is in a permanent lock-out status.

The duration of time that the interlock is unlocked shall not be more, nor less than, three (3) hours. The code shall only unlock the interlock device and shall not disable other interlock features. A breath sample shall be required prior to operating the vehicle with lockout code.

10. The ignition interlock device shall automatically purge alcohol before allowing subsequent analyses.

11. The ignition interlock device shall issue a warning of an impending lockout.

12. The ignition interlock device shall be capable of rolling retests, consisting of random retesting and timed retesting.

13. The ignition interlock device shall warn the applicant of upcoming service appointments for at least three (3) days prior to the appointment.

Should the applicant fail to appear, the device shall enter a permanent lockout on the third (3rd) day (72 hours) after the scheduled appointment, and the motor vehicle shall not be operable until the service provider has reset the device.

14. The internal memory of the ignition interlock device shall be capable of recording and storing a minimum of 500 interlock events and shall enter a service reminder if the memory reaches 90% of capacity.

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15. The ignition interlock device shall be designed and installed in a manner as to minimize opportunities for tampering, alteration, bypass, or circumvention. The ignition interlock device shall not spontaneously bypass the ignition system nor shall it be able to be made operational by a mechanical means of providing air to simulate alveolar breath.

False or fake breath anti-circumvention features used to pass laboratory testing of the ignition interlock device shall be turned on. In addition, service providers shall connect the ignition interlock device to a constant and uninterrupted power source to further prevent an opportunity to circumvent the system.

16. The ignition interlock device shall be capable of recording and providing evidence of actual or attempted tampering, alteration, bypass, or circumvention.

17. The ignition interlock device shall operate accurately and reliably at temperatures between -40°C and 85°C.

18. The ignition interlock device shall operate up to altitudes of 2.5 km above sea level.

19. The readings of the ignition interlock device shall not be affected by humidity, dust, electromagnetic interference, smoke, exhaust fumes, food substance, or normal automobile vibration.

20. The operation of the ignition interlock device shall not be affected by normal fluctuations of power source voltage.

21. The ignition interlock device shall be installed with a fully functional camera that is equipped to record the date, time, and photo of all persons providing breath samples to the ignition interlock device.

Service providers are required to maintain a reference photo of the applicant to confirm the applicant’s identity.

22. There shall be an option available for the hearing impaired to have an additional visual signal to assure the visual notification of the required breath sample is always in the line of sight of the driver.

B. All ignition interlock devices that have been certified by the Kentucky Transportation Cabinet shall have affixed a warning label with the following language: "Any person tampering with or attempting to circumvent this ignition interlock system shall be guilty of a Class B misdemeanor and, upon conviction, be subject to a fine or incarceration or both pursuant to KRS 189A.345." The cost and supply of the warning labels to be affixed to the ignition interlock devices shall be borne by the device provider.

C. For initial startup of the motor vehicle:

1. The ignition interlock device shall enable the starter relay after the successful completion of a breath alcohol test.

2. The device shall allow an operator to take up to two (2) minutes after the starter relay is enabled to start the engine.

3. The ignition interlock device shall permit a free restart. The free restart timer should also be set at two (2) minutes.

4. If the initial test results in a lockout due to the applicant's BAC level, the ignition interlock device shall not allow an additional attempt for five

(5) minutes.

5. If the applicant's BAC still reaches the fail point on the first retest, the machine shall enter a temporary lock out for an additional ten (10) minutes and shall do so thereafter for subsequent failed retests. A violation reset message shall instruct the applicant to return the ignition interlock device to the service provider for servicing within five (5) days.

6. The activity is considered a sequence if occurring within a 2 hour time period

7. If the ignition interlock device is not reset within five (5) days, a permanent lockout will occur.

D. A rolling retest feature is required for all ignition interlock devices. For rolling retests:

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1. An ignition interlock device shall require a rolling retest within the first five (5) minutes after the start of the motor vehicle and randomly thereafter at least once every (15) to forty-five (45) minutes as long as the motor vehicle is in operation.

2. The ignition interlock device shall produce a visual and audible signal of the need to produce a breath sample for the rolling retest. The applicant shall have five (5) minutes to provide the required rolling retest breath sample.

3. A free restart shall not apply if the ignition interlock device was awaiting a rolling retest that was not delivered.

4. A deep lung breath sample at or above the fail point or a failure to provide a rolling retest deep lung breath sample within the required time shall cause the motor vehicle's parking lights, emergency lights, or other light source approved by the Kentucky Transportation Cabinet to flash until the engine is shut off by the applicant or a passing breath test is provided.

5. Once the vehicle has been turned off, all prestart requirements shall become applicable.

6. The violations reset message shall instruct the applicant to return the ignition interlock device to the service provider for servicing within five

(5) days.

7. If the ignition interlock device is not reset within five (5) days, a permanent lockout will occur.

E. The device provider shall notify the Kentucky Transportation Cabinet in writing if the device that is certified, or has been submitted for certification, for use in Kentucky is or ever has been de-certified for use in another state, whether the action occurred before or after certification of the device in Kentucky. This notification shall be made in a timely manner, not to exceed fifteen (15) days after the device provider has received notice of the de-certification of the device, whether or not the action will or has been appealed.

Section 11. Ignition Interlock Device Installation

A. If eligible, the ignition interlock device shall be installed by a certified device provider or designated service technician within fourteen (14) days of the date on the approval letter issued by the Transportation Cabinet. The device provider shall not cause a delay in this process. Once the ignition interlock device has been installed, the service provider shall provide an authorized certificate of installation to the applicant, KYTC, and the court documenting that the ignition interlock device has been installed. Once the participant has provided a verification of an authorized installation to the cabinet, the participant’s driving record will be updated accordingly.

B. Kentucky residents are required to have the device(s) installed at a service center located in Kentucky unless they have prior approval from the cabinet to install in another state and the device is assured to meet all of the statutory and regulatory requirements. Participants may complete monitoring, calibration and service appointments at affiliated service centers in other states.

C. All agreements between the device provider and the applicant shall be in the form of a contract signed by the device provider and applicant. Copies of the written contract shall be retained by the device provider with a copy given to the applicant.

D. Prior to installation of the ignition interlock device, applicants shall provide to the service provider and/or service center:

1. Photo identification. If no photo identification is available at the time of installation, other adequate proof of identification may be accepted to avoid delay of the installation. However, photo identification shall be presented prior to the first calibration appointment;

2. Proof of insurance;

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3. A copy of the registration or title containing the vehicle identification number (VIN) of all motor vehicles owned or routinely driven by the applicant, and a statement disclosing the names of all other operators of the motor vehicles owned or driven by the applicant;

4. A notarized affidavit from the registered owner of the vehicle granting permission to install the device if the car is not registered to the applicant. If the owner is present at installation, provides valid identification, and signs the consent to install form in the service provider technician’s presence, notarization of the consent to install form is not required; and

5. For participants with a diminished lung capacity, the following:

1 KIIP participants may apply to the cabinet using TC94-176 to lower or disable the air volume requirement, blow pressure, or anti-circumvention features of the ignition interlock device in order to compensate for an applicant's diminished lung capacity

A KIIP approval letter issued by the Cabinet. The driver may use this letter for 14 days to drive without an interlock device to appear for device installation and restricted license issuance. Expiration of this time does not invalidate the letter for purposes of device installation.

E. Before the client leaves the service center, the provider shall capture a quality reference photo of the participant to ensure accurate violation verification.

F. Under no circumstances shall an applicant, or anyone accompanying the applicant, be permitted to observe installation of the ignition interlock device.

G. The service provider shall inspect all motor vehicles prior to installation of the device to ensure that they are in acceptable mechanical and electrical condition. Under no circumstances shall staff of the authorized service provider install a device until, and unless, the motor vehicle is approved following the inspection.

H. The installation shall include tamper-resistant features ignition interlock electrical connections so as to make evident any attempts to circumvent or otherwise alter the normal functioning of the ignition interlock. At a minimum, the service provider shall ensure that the vehicle starter wire connected to the ignition interlock is secured with uniquely identifiable heat shrink tubing or its equivalent and that all connected wires are wrapped with uniquely labeled service provider tape.

I. An oral, written, or video orientation to the ignition interlock device shall be developed and delivered by the device provider to the applicant and other persons who may drive the motor vehicle, including information on the use and maintenance of the device as well as all service center locations, and procedures for regular and emergency servicing.

A demonstration interlock device shall be available at the installation site for use in the training of customers.

Proof of this orientation shall be provided at the time of certification application.

A9. If, during the installation, the applicant fails to pass the initial breath test, the installation shall be halted and the cabinet or court notified on a form specified by the Administrative Office of the Courts.

AA. The device provider shall maintain a toll-free 24-hour emergency phone service that may be used to request assistance in the event of failure of the ignition interlock device or motor vehicle problems related to operation of the ignition interlock device. The assistance provided by the authorized service provider shall include technical information and aid in obtaining towing or roadside service. The expense of towing and roadside service shall be borne by the applicant unless it is determined by the service center technician that the ignition interlock device failed through no fault of the applicant. If this is the case, the device provider shall be responsible for applicable expenses. The ignition interlock device shall be made functional within 48 hours of the call for assistance or the ignition interlock device shall be replaced.

AB. At the time of device installation, a device or service provider may charge an installation fee. The maximum permissible cost for installation shall be prescribed by the cabinet in an

Document Description Page 16 administrative regulation and device and service providers shall not be permitted to exceed the maximum fee established. No installation fees shall be collected from the applicant until services have been provided. In addition to the maximum fee permitted, device and service providers may collect applicable taxes. Mandatory insurance covering the device shall be provided by the device provider, and applicants shall be given a summary of the insurance coverage. When the ignition interlock is installed on a motorcycle or moped, device and service providers may require applicants to provide a saddle bag or similar waterproof container in which the device components may be stored.

AC. The device provider shall provide service to those applicants who are eligible for a reduction in fees based upon a declaration of indigence by cabinet or the court. Device and service providers shall accept any cabinet declaration or court ordered payment amount as payment in full.

AD. No later than the first service appointment, the applicant shall provide to the device or service provider a statement from the licensed drivers who will be driving the applicant's motor vehicle acknowledging their understanding of the requirements of the use of the ignition interlock device.

Section 12. Calibration and monitoring visit A. Only calibration units found on the current National Highway Traffic Safety Administration’s (NHTSA) Conforming Products List of Calibrating Units for Breath Alcohol Testers shall be used by the device provider to calibrate ignition interlock devices.

B. The device provider shall:

1. Provide monitoring/calibration of the ignition interlock device thirty (30) days after installation, and every sixty (60) days thereafter. Applicants can choose a thirty (30) day calibration. The applicant shall be given a three (3) day grace period to have the device calibrated as scheduled. All ignition interlock calibrations shall occur at a service provider interlock service center;

2. Report all suspected interlock program violations to the court and county attorney for legacy participants using the standard form provided by the Administrative Office of the Courts.

3. Calibrate the ignition interlock device at each service appointment using a dry gas or wet bath reference sample. The service provider shall ensure that dry-gas and wet bath reference values are adjusted in a manner consistent with NHTSA standard;

4. Calibrate the ignition interlock device for accuracy by using a wet bath simulator or dry gas alcohol standard with an alcohol reference value between .030 and .050 g/210L;

5. Expel a three second purge from the wet bath simulator or dry gas standard…