Forensic_Toxicology_Drug_Laboratory_IFB.pdf

FORENSIC TOXICOLOGY

DRUG TESTING LABORATORY

Solicitation #: F10B6600013

IFB Document

IFB for Department of Budget and Management Page 1 of 78

STATE OF MARYLAND

DEPARTMENT OF BUDGET AND MANAGEMENT

(DBM)

INVITATION FOR BIDS (IFB)

FORENSIC TOXICOLOGY DRUG TESTING LABORATORY

(FTDTL)

IFB NUMBER F10B6600013

ISSUE DATE: SEPTEMBER 30, 2025

A Prospective Bidder that has received this document from a source other than eMarylandMarketplace

Advantage (eMMA) https://procurement.maryland.gov should register on eMMA https://emma.maryland.gov/

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND TO THIS

SOLICITATION.

https://procurement.maryland.gov/ https://emma.maryland.gov/

IFB for Department of Budget and Management Page 2 of 78

KEY INFORMATION SUMMARY SHEET (KISS)

Invitation for Bids Services - FORENSIC TOXICOLOGY DRUG TESTING

LABORATORY

Solicitation

Number:

F10B6600013

IFB Issue Date: September 30, 2025

IFB Issuing

Office:

Department of Budget and Management (DBM or the "Department")

Procurement

Officer:

Donshane Turner

45 Calvert Street

Annapolis, MD 21401

Email:

Phone Number:

donshane.turner2@maryland.gov

410-260-7885

Bids are to be sent to:

Submit on emma.maryland.gov under Solicitation Number F10B6600013

To submit a bid, bidders must first register on emma.maryland.gov. We recommend registering in advance to become acquainted with the site.

No Bid Notice

Feedback Form

If you are not submitting a bid for this solicitation, submit Attachment 1 with your reasons why.

Pre-Bid

Conference:

October 7, 2025, at 11AM Local Time

Virtual Teleconference by Calendar Invitation from Procurement

Officer Only

See Section 4.3 for additional details.

See Attachment 2 to RSVP by October 3, 2025, at 3PM Local Time

Questions Due

Date and Time:

October 14, 2025, at 12PM Local Time

IFB for Department of Budget and Management Page 3 of 78

Bid Due (Closing)

Date and Time:

October 29, 2025, at 4PM Local Time

Bidders are reminded that a completed Feedback Form is requested if a no-bid decision is made (see Attachment 1 - No Bid Notice/Vendor

Feedback Form).

Bid Opening Date October 30, 2025

MBE

Subcontracting

Goal:

0%

VSBE

Subcontracting

Goal:

0%

Procurement

Method:

A Contract will be awarded in accordance with the Competitive Sealed

Bidding method under COMAR 21.05.02.

Multiple or

Alternate Bids:

Multiple or alternate Bids will not be accepted.

Contract Type: Indefinite Quantity with Firm Fixed Unit Prices

Contract

Duration:

Five (5) year base period with two (2), one-year renewal options.

Primary Place of

Performance:

As proposed by Bidder.

SBR Designation: No.

Federal Funding: No.

IFB for Department of Budget and Management Page 4 of 78

Table of Contents - IFB

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Background and Purpose

2.2.1 General Requirements

2.2.2 Lab Testing and Panel Requirements

2.2.3 Reporting

2.2.4 Specimen Retention After Primary Testing

2.2.5 Reconfirmation Testing

2.2.6 Record Retention

2.2.7 Responsibility for CCFs and Shipping Costs

2.2.8 Key Personnel Identified

2.2.9 Laboratory Ratings and Inspections

2.2.10 Contractor Testimony

2.3 Minimum Deliverable Quality

2.4 Supplemental Category of Work Requirements and Responsibilities

3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

3.2 End of Contract Transition

3.3 Invoicing

3.3.1 Invoice Submission Schedule

3.3.2 Travel Reimbursement

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

3.4.2 Liquidated Damages other than MBE

3.4.3 Problem Escalation Procedure

3.5 Work Orders

3.6 Payments by Electronic Funds Transfer

3.7 Prompt Payment Policy

3.8 Nonvisual Access

3.9 Federal Funding Acknowledgement

3.10 Conflict of Interest Affidavit and Disclosure

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3.11 Non-Disclosure Agreement

3.11.1 Non-Disclosure Agreement (Bidder/Offeror)

3.11.2 Non-Disclosure Agreement (Contractor)

3.12 Maryland Healthy Working Families Act Requirements

3.13 The State of Maryland’s Commitment to Purchasing Environmentally Preferred Products and

Services (EPPs)

3.14 Insurance Requirements

3.15 Disaster Recovery and Data

3.15.1 Redundancy, Data Backup and Disaster Recovery

3.15.2 Data Export/Import

3.15.3 Data Ownership and Access

3.16 Security Requirements

3.16.1 Employee Identification

3.16.2 Security Clearance / Criminal Background Check

3.16.3 Data Collection and Controls

3.17 Additional Clauses

3.17.1 No-Cost Extensions

4 Bid Submission Information and Instructions

4.1 eMaryland Marketplace Advantage (eMMA)

4.2 Electronic Means

4.3 Pre-Bid Conference

4.4 Questions

4.5 Bid Due (Closing) Date and Time

4.6 Receipt, Opening and Recording of Bids

4.7 Duration of Bids

4.8 Revisions to the IFB

4.9 Cancellations

4.10 Incurred Expenses

4.11 Protest/Disputes

4.12 Bidder Responsibilities

4.13 Acceptance of Terms and Conditions

4.14 Compliance with Laws/Arrearages

4.15 Verification of Registration and Tax Payment

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4.16 False Statements

4.17 Confidentiality of Bids / Public Information Act Notice

4.18 Use of Bidder’s Form Not Binding on State

4.19 Attachments and Documents Required with the Bid (Table A)

4.20 Bid Delivery Instructions

4.21 Bid Evaluation Criteria and Award Basis

4.22 Tie Bids

4.23 Reciprocal Preference

4.24 Documents Required upon Notice of Recommendation for Contract Award (Table B)

5 IFB Appendices and Exhibits

5.1 Appendices (Table C)

5.2 Exhibits (Table D)

Appendix 6. Living Wage Requirements for Services & Facilities Maintenance Contracts

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1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

To be considered reasonably susceptible of being selected for award, the Bidder must document in its

Bid that it satisfies the following Minimum Qualifications:

1.1.1 The Bidder shall have direct experience in providing Forensic Toxicology and Drug Testing

Laboratory Services. As proof of meeting this requirement the Bidder shall provide letters of reference from three (3) customers for projects of similar scope valued over $200,000 within the immediate past three (3) years who are capable of documenting direct experience by the

Bidder in providing Forensic Drug Testing Laboratory Services. Each of the three (3) references shall include:

1. Name of the organization;

2. Name, title and telephone number of point of contact for the organization;

3. Type and duration of contract, products and/or services provided, scope of the contract, etc.;

and

4. Explanation of why the Bidder is no longer providing services to the organization, if the

Bidder is no longer serving this client.

The Bidder shall provide with its Bid "Attachment L Reference Checks" with three references filled out.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 This Invitation for Bids (IFB) is issued to procure the goods or services, as specified in this Section 2, from a contract between the successful bidder(s) and the State of Maryland

(“State”): The Department of Budget and Management, Office of Personnel Services and

Benefits (the "Department") is issuing this IFB to acquire services as defined, in this IFB as the FTDTL that shall screen collected specimens from applicants and employees to test for the illegal use of drugs. These specifications shall work coherently with the

Specimen Collection contractor to administer a centralized drug testing program

(laboratory testing only) for State of Maryland applicants and employees.

It is the State’s intention to obtain goods and services, as specified in this IFB, from a Contract between the selected Bidder and the State. The anticipated duration of the period of performance under the Contract is for a five (5) year base period with two (2), one-year renewal options.

2.1.2 This is a single award IFB. See IFB Section 4.21 Bid Evaluation Criteria and Award

Basis for more Contract award information.

2.1.3 A Bidder, either directly or through its subcontractor(s), must be able to provide all goods and services and meet all of the requirements requested in this solicitation and the successful Bidder (the Contractor) shall remain responsible for Contract performance regardless of subcontractor participation in the work.

2.1.4 Maryland State and local entities as defined in Finance and Procurement §13-110(a) and nonprofit entities within the State of Maryland may purchase from the Contractor goods or services covered by the Contract at the same prices chargeable to the State. All such purchases by non-executive branch entities, non-State governments, government agencies or nonprofit entities.

1. Shall constitute Contracts between the Contractor and that entity;

2. Shall not constitute purchases by the State or State agencies under the Contract;

3. Shall not be binding or enforceable against the State; and

4. May be subject to other terms and conditions agreed to by the Contractor and the purchaser.

It is the State’s intention to obtain goods and services, as specified in this IFB, from a contract between the selected Bidder and the State.

2.1.5 All Contract prices, terms, and conditions must be provided to any Maryland local government or nonprofit entity requesting services under the Contract. The Contractor bears the risk of determining whether or not a government, agency or organization with which the Contractor is dealing is a State entity.

A Contract award does not ensure a Contractor will receive all or any State business under the Contract.

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2.2 Background and Purpose

The Department administers a Drug Testing Program (the Program) for applicants and employees of

State Agencies under the State Personnel Management System. The Program tests for the illegal use of drugs, ensuring that State employees are not impaired by the illegal use of drugs in the workplace.

This practice ensures compliance with the Federal Omnibus Drug Abuse Act of 1988, which requires any State receiving federal funds to establish a drug-free workplace. The Act also requires that any

State receiving federal funds must have a policy on the use of substances, an employee assistance program, and a procedure for employees to report their convictions. The State tests employees and applicants for the illegal use of drugs in the following scenarios:

1. Random;

2. Reasonable suspicion;

3. Pre-employment;

4. Incident triggered (accident or unsafe practice);

5. Promotion;

6. Demotion;

7. Horizontal change;

8. Transfer into a sensitive position or classification;

9. Reinstatement;

10. Reemployment;

11. Reclassification;

12. Unclassified appointment;

13. Temporary appointments;

14. Contractual appointment;

15. Disclosure of participation in a rehabilitation program;

16. Disclosure of arrest for controlled dangerous substance offense;

17. Periodically throughout the duration of rehabilitation; and

18. After rehabilitation.

The State currently has a Contract in place which provides for Statewide Specimen Collection for all

State agencies except those covered by the U.S. Department of Transportation drug testing requirements. The Contract resulting from this IFB shall be for FTDTL services only. The

Contractor shall provide all labor, materials, shipping expenditures, and equipment necessary for the laboratory testing of specimens collected by the Specimen Collection contractor and shipped directly to the FTDTL.

Historically, the number of specimens collected under the prior Contract averaged 2293 per year or

203 per month. These figures are estimates, based on the number of collections per year over the past five (5) years of the prior Contract, from the period of August 1, 2019 to July 31, 2024. These estimates are not to be construed as guarantees of the number of yearly or monthly collections and resulting lab tests that may occur under the duration of this Contract. Over a five (5) year period, there have been as few as 46 and as many as 482 collections per month.

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2.2.1 General Requirements

A. The Contractor, directly or through its subcontractor(s), shall maintain SAMHSA certification for the duration of the contract. Contractor shall fully adhere to the Urine

Specimen Collection Handbook for Federal Agency Workplace Drug Testing Programs

(Appendix 10), as well as future revisions thereof.

B. The Contractor, directly or through its subcontractor(s), regardless of the State where the laboratories are located, shall hold a permit issued by the MDH-OHCQ. The Contractor, directly or through its subcontractor(s), shall maintain compliance with all applicable

Federal, State and local licensure, certification, accreditation, and other standards and requirements for the jurisdiction in which the Contractor is, directly or through its subcontractor(s), located in.

C. The Contractor, directly or through its subcontractor(s), shall maintain CLIA certification for all clinical laboratory services performed on behalf of the State. If the Contractor’s laboratory, or any subcontracted laboratory, is located outside of the State of Maryland, the Contractor’s CLIA Certification from its home state, or subcontractor(s) home state, shall be submitted to the Contract Manager. The certification shall include a list of the laboratory specialties and subspecialties in which the Contractor, directly or through its subcontractor(s), is certified to perform including the effective date of each specialty code. If the Contractor, or subcontractor(s), laboratory is located within Maryland, a

CLIA Certification issued by the State of Maryland is required.

D. The Contractor, directly or through its subcontractor(s), shall maintain all required permits and certifications throughout the duration of this Contract. The Contractor shall submit all updated copies of permits, licensures, certifications and accreditations of its laboratory, or its subcontractor(s) laboratory, to the Contract Manager annually by the contract anniversary date.

E. The Bidder selected as the recommended Awardee must provide the following documents for its laboratory, or its subcontractor(s) laboratory, to the Procurement

Officer within ten (10) Business Days of the notification of recommendation for Contract award:

a. A copy of the License issued by MDH-OHCQ

b. SAMHSA certification; and

c. CLIA certification

F. The application for the Maryland State Clinical Laboratory License, Laboratory

Licensing Change and Renewal forms, contact information and requests for new licenses can be found here: https://onestop.md.gov/licenses/maryland-laboratory-license-

5d1540a954f24d03e9997fe0

Additional information for OHCQ Labs can be found on the MDH Laboratories webpage here:

Maryland Department of Health Licensure

2.2.2 Lab Testing and Panel Requirements

2.2.2.1 Non-federal drug tests shall be administered in accordance with the requirements of

COMAR 17.04.09 and COMAR 12.04.01.15, as amended from time to time. The screening https://onestop.md.gov/licenses/maryland-laboratory-license-5d1540a954f24d03e9997fe0 https://onestop.md.gov/licenses/maryland-laboratory-license-5d1540a954f24d03e9997fe0 https://health.maryland.gov/ohcq/Labs/Pages/Licensure-ARCHIVE.aspx

IFB for Department of Budget and Management Page 11 of 78 test results for each drug testing panel shall be determined to be positive based on the following cutoff levels in Figure 1 and Figure 2 (expressed in nanograms per milliliter).

The regulation specific to all State applicants/employees (excluding sworn law enforcement and public safety officers) is identified in COMAR 17.04.09 (Appendix 9).

Figure 1:

COMAR 17.04.09 – 6-Panel State Applicant/Employees (excluding sworn law enforcement officers)

DRUGS INITIAL SCREENING

LIMITS

CONFIRMATION

TESTING LIMITS

Amphetamines

1. Amphetamine 1000 ng/mL ng/mL

2. Methamphetamine 1000 ng/mL ng/mL

3. Ecstasy/MDMA

(3,4 – methylenedioxy-methamphetamine) ng/mL ng/mL

4. MDA (3,4 –

methylenedioxy amphetamine ng/mL ng/mL

5. MDEA (3,4 –

methyleledioxy-N-ethyl-amphetamine ng/mL ng/mL

Barbiturates 200 ng/mL ng/mL

Benzodiazepines 200 ng/mL ng/mL

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Cocaine 300 ng/mL

Opiates 300 ng/mL ng/mL

1. Codeine 300 ng/mL

2. Morphine 300 ng/mL

3. 6 –

Acetylmorphine ng/mL

PCP (Phencyclidine) 25 ng/mL

The Contractor shall follow the latest Drug Testing Guidelines (Appendix 10) for testing and reporting of specimen validity and suggestion of adulteration.

2.2.2.2 The current regulation specific to all State applicants/employee sworn law enforcement and public safety officers is identified in COMAR 12.04.01.15 (Appendix 9).

Figure 2:

COMAR 12.04.01.15 – 7-Panel Sworn Law Enforcement and Public Safety

DRUGS INITIAL SCREENING

LIMITS

CONFIRMATION

TESTING LIMITS

Amphetamines

1. Amphetamine 1000 ng/mL

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2.

Methamphetamine ng/mL ng/mL

3. Ecstasy/MDMA

(3,4 – methylenedioxy-methamphetamine) ng/mL ng/mL

4. MDA (3,4 –

methylenedioxy amphetamine ng/mL ng/mL

5. MDEA (3,4 –

methyleledioxy-N-ethyl-amphetamine ng/mL ng/mL

Barbiturates 300 ng/mL ng/mL

Benzodiazepines 300 ng/mL ng/mL

Cocaine 300 ng/mL ng/mL

Opiates 300 ng/mL ng/mL

1. Codeine 300 ng/mL

2. Morphine 300 ng/mL

3. 6 –

Acetylmorphine

Marijuana 50 15 mg/mL.

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PCP (Phencyclidine) 25 ng/mL

2.2.3 Reporting

The reports shall be submitted electronically to the Contract Manager in the form and format as approved by the Contractor Manager. All reporting deliverables shall be provided to the

Department under this Contract, free of typographical errors and shall contain complete and accurate data. The State reserves the right to edit/change any and all reporting formats. The

Contractor is not entitled to any additional payment due to any such change.

2.2.3.1 Laboratory Reports

The Contractor shall submit all lab reports to the Contract Manager or authorized designee within one (1) business day of the completion of all required testing, in a secure form and format as approved by the Contract Manager.

If the Contract Manager or authorized designee requests edits, the Contractor shall provide a revised laboratory report within one (1) business day to the Contract Manager. All revised laboratory reports shall include a notation of the correction and edited details.

The lab reports must reflect the results of all tests conducted by the laboratory, including tests for those samples that screen positive but do not confirm at the above-specified cut-off levels during the GC/MS process. The lab reports shall include:

1. State of Maryland account information;

2. FTDTL name and contact information;

3. MRO name and address;

4. State’s site location code;

5. Specimen collector name and phone number;

6. Custody and control identification number;

7. Donor unique identification number;

8. Test reason;

9. Test type (i.e. urine);

10. Collection date;

11. All specific panel information to include the panel type (6 or 7 panel), tested drugs, result, quantitation, screening and confirmatory limits;

12. All specific creatinine and specific gravity measurements in accordance with MRO guidelines found here ;

13. Final test result;

14. Contractor specimen date of receipt;

15. Contractor specimen report date; and

16. Contractor chemist or scientist name, both printed and signed.

All confirmed positive test results shall be reported as positive, with the numerical values printed on the report. In addition, upon request, the Contractor shall provide the Contract

Manager with a copy of the Custody and Control Form (CCF) signed by the certifying https://www.samhsa.gov/sites/default/files/mro-guidance-manual-2024.pdf

IFB for Department of Budget and Management Page 15 of 78 scientist for each confirmed positive test result within two (2) business days of test completion.

Laboratory reports shall be submitted using a secure web-based file transfer solution provided by the Department. This will provide end-to-end file encryption without end user involvement or third-party encryption programs. No additional charges or licensing shall be required for authorized end users accessing the secure file transfer application from the

Internet. The Contract Manager reserves the right to approve a proposed change in the method of secure delivery of laboratory reports.

2.2.3.2 Quarterly Utilization Reports

The Contractor shall submit quarterly utilization reports by the 25th of the month for the preceding quarter. The reports shall be submitted electronically to the Contract Manager or authorized designee in the form and format as approved by the Contract Manager. The reports shall include at a minimum:

a. Total number of samples tested per quarter;

b. Total number of positive results by drug per quarter;

c. Number of canceled samples by reason (i.e. dilution, insufficient quantity, evidence of tampering, shipping, leaked in transit, other) per quarter;

d. Number of samples that are positive for more than one drug per quarter;

e. Total number of samples that yields positive results during confirmatory GC/MS process per quarter;

f. Total number of samples by test reason per quarter; and

g. Total breakdown of invoice charges per quarter.

2.2.3.3 Ad Hoc Reports

The Contractor shall provide the Contract Manager with Ad-Hoc reports, as requested in a form and format as approved by the Contract Manager.

2.2.3.4 Meetings

1. The Contractor shall attend meetings with the Contract Manager, as requested.

2. The Contractor shall attend an end of contract close out meeting with the Contract

Manager.

3. The Contractor shall provide meeting minutes to the Contract Manager and attendees within fourteen (14) Business Days for meetings as required.

2.2.4 Specimen Retention After Primary Testing

1. The Contractor shall retain a specimen that was reported with positive, adulterated, substituted, or invalid results for a minimum of one (1) year.

2. The Contractor shall keep such specimens in a secure, long-term, frozen storage in accordance with U.S. Department of Health and Human Services requirements.

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3. Within a one (1) year period, the MRO, or the Contract Manager may request in writing that the Contractor retains a specimen for an additional period of time (i.e.: for the purpose of preserving evidence for litigation or a safety investigation).

2.2.5 Reconfirmation Testing

2.2.5.1 MRO Requested Reconfirmation Testing

1. When requested by the MRO, reconfirmation testing of a sample previously reported as positive shall be conducted following the same testing procedure at the State’s expense.

a. For example, confirmation testing of a specific panel (i.e.: D and L Isomer for

Methamphetamines) previously reported as a positive shall be conducted at the

State’s expense.

2. Reconfirmation of the Specimen Validity Testing (SVT) of a specimen’s creatinine, specific gravity, and PH levels shall be conducted at the Contractor’s expense.

2.2.5.2 Donor Requested Reconfirmation Testing

1. On behalf of the donor, the Contract Manager or authorized designee shall request reconfirmation testing of a sample previously reported as positive. The reconfirmation testing shall be conducted following the same testing procedure, but at the donor’s expense.

2. The donor shall pay the Contractor directly for any incurred shipping costs. Within twenty-four hours of remittance payment, the Contractor shall provide MRO information, a sufficient sample or aliquot to the U.S. Department of Health and

Human Services certified laboratory selected by the donor. The certified laboratory shall submit the results via a secure transmission to the MRO.

2.2.6 Record Retention

1. The Contractor shall maintain all records for a minimum of five (5) years from the expiration of the contract unless advised otherwise by the Contract Manager.

2. All records are subject to the Federal Privacy Act, 5 USC 552a, and other applicable

Federal and State laws and regulations, and shall be maintained and handled with the highest regard for donor privacy. No records or documents shall be released without the prior written approval of the Contract Manager unless such release is specifically provided for herein.

3. The release of all documents pertaining to individual specimens is strictly controlled by the Privacy Act, 5 U.S.C. §552a, and other Federal and State laws governing confidentiality. None of these documents shall be released without the written approval of designated State officials unless such release is specifically provided for herein.

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2.2.7 Responsibility for CCFs and Shipping Costs

1. The Contractor shall provide CCFs and/or the required paper to print the CCFs to the

Specimen Collections Contractor and shall ensure that the Specimen Collections

Contractor has an adequate supply of CCFs at all times.

2. The Contractor shall also provide to the Specimen Collections Contractor an adequate supply of urine collection kits. These kits shall include all supplies specified in the Mandatory Guidelines for Federal Workplace Drug Testing Programs

(Appendix 10).

3. The Contractor shall be responsible for all shipping costs, supplies, and expenses associated with the delivery of CCFs and urine collection kits. The Contract Manager reserves the right to request a change in the shipping supplies and specimen packaging, when necessary. The Contractor shall provide tracking information to the

Contract Manager and Specimen Collections Contractor within three (3) business days of a written request.

4. The Contractor shall secure the services of a national priority delivery service to ensure availability of delivery service drop boxes.

5. The Contractor shall be responsible for all shipping costs and attendant expenses associated with the delivery of all urine specimens collected by the Specimen

Collections Contractor to the FTDTL.

6. The Contract Manager reserves the right to approve a proposed change in the shipping method or shipping supplies as necessary.

2.2.8 Key Personnel Identified

For the Contract, the following positions to be identified in the Technical Offer shall be considered Key Personnel and shall be required to meet the qualifications referenced in this section. The Contractor shall provide the contact information for all Key Personnel.

1. Contract Account Executive

2. Forensic Toxicologist

The following experience is expected:

1. Contract Account Executive

Duties: The individual assigned by the Contractor to oversee all work performed under the Contract and who is the day-to-day Contract contact.

Education: Bachelor's Degree, substitution of experience for education may be permitted at the discretion of the State.

Required Experience: Account management skills in addressing customer needs quickly and effectively to maintain and enhance customer relationships.

2. Forensic Toxicologist

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Duties: The Forensic toxicologists analyze samples to identify and interpret drugs and chemicals in the body and use their findings to answer questions about a person's health or behavior. The forensic toxicologist shall consult with the MRO to determine whether positive findings may be justified by physical conditions, prescription drugs, or other legal explanations.

Education: A Bachelor's Degree in a natural or life science, such as chemistry, or clinical chemistry.

Required Certifications: American Board of Forensic Toxicology (ABFT) certification.

Required Experience: At least three (3) years of full-time professional experience in forensic toxicology and at least one (1) year of professional experience immediately preceding the date of application for the ABFT.

2.2.9 Laboratory Ratings and Inspections

The FTDTL Contractor shall submit to the Contract Manager a copy of all ratings received in internal and external performance testing and laboratory inspection programs and maintenance inspections in which the laboratory, or any subcontracted laboratories, have participated or are currently participating, starting from two years prior to the

Contract effective date, and continuing throughout the term of the Contract. This documentation shall be submitted to the Contract Manager within thirty (30) calendar days of notice of Contract award for all programs and inspections completed prior to the

Contract effective date. The ratings for all programs and inspections conducted during the term of the Contract shall be submitted to the Contract Manager within forty-five (45) calendar days of receipt.

2.2.10 Contractor Testimony

A. The Contractor shall provide the MRO with the appropriate litigation package

(lab CCF, MRO CCF, and lab report signed by the certifying scientist) for contested positive results within two (2) Business Days of a written request by the Contract Manager.

B. Upon written request by the Contract Manager or the MRO, the Contractor shall make laboratory personnel available to provide a deposition or testimony and documentation as required in support of any administrative and/or court actions.

The laboratory personnel shall be required to provide the deposition or testimony by telephone, video conferencing or through sworn affidavit, as specified by the

State. No person provided for deposition or testimony shall have been convicted of perjury or any felony crime.

C. Preparation time for any approved personnel providing testimony shall be factored into the Contractor’s Bid within the hourly rate for expert testimony line as provided for on the Bid Price Sheet (Attachment B). When this service is requested by the State, reasonable documentation for the nature and rationale for

IFB for Department of Budget and Management Page 19 of 78 the preparation by each approved person shall be submitted to the Contract

Manager. Historically, according to the Department's records, since 1999, there has only been one (1) occurrence where the State required this service. The historical reference provided is not to be construed as a guarantee or an indication of what may occur during the duration of this Contract.

2.2.11 State Staff Roles

In addition to the Procurement Officer and Contract Manager, additional State personnel shall include:

A. Program Coordinator - The Program Coordinator is responsible for the coordination and oversight of the Program, which includes providing training and technical assistance to employees, applicants, agency personnel and vendors on all aspects of the Program; maintaining the integrity of the drug testing database; recommending, developing, and implementing Program enhancements; serving as liaison with the drug testing contractors(s) to ensure that results are received in accordance with contract provisions.

B. State Medical Review Officer (MRO) - The State Medical Director (SMD) functions as the Medical Review Officer (MRO). The MRO responsibilities are defined in COMAR 17.04.03.16 and COMAR 11.02.06.02.

2.2.12 Other State Responsibilities

A. The State is responsible for providing required information, data, documentation, and test data to facilitate the Contractor’s performance of the work and shall provide such additional assistance and services as are specifically set forth.

B. The Contract Manager or authorized designee shall provide the Contractor with a contact list of the MRO, Specimen Collections Contractor, and other applicable personnel at Contract award and as revised from time to time.

2.3 Minimum Deliverable Quality

The Contractor shall subject each deliverable to its internal quality-control process prior to submitting the deliverable to the State.

Each deliverable shall meet the following minimum acceptance criteria:

A. Be presented in a format appropriate for the subject matter and depth of discussion.

B. Be organized in a manner that presents a logical flow of the deliverable’s content.

C. Represent factual information reasonably expected to have been known at the time of submittal.

D. In each section of the deliverable, include only information relevant to that section of the deliverable.

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E. Contain content and presentation consistent with industry best practices in terms of deliverable completeness, clarity, and quality.

F. Meets the acceptance criteria applicable to that deliverable, including any State policies, functional or non-functional requirements, or industry standards.

G. Contains no structural errors such as poor grammar, misspellings or incorrect punctuation.

H. Must contain a header and footer to minimally include subject, contractor name, frequency, period, the date, author, and page numbers. A draft written deliverable may contain limited structural errors such as incorrect punctuation, and shall represent a significant level of completeness toward the associated final written deliverable. The draft written deliverable shall otherwise comply with minimum deliverable quality criteria above.

I. Must be printer friendly by ensuring the document is in a format that includes the applicable layout, margins, and font sizes to prevent the wrapping and the printing of unnecessary pages.

2.4 Supplemental Category of Work Requirements and Responsibilities

See the attached Professional Services Supplemental.pdf associated with this solicitation.

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3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

The Procurement Officer shall schedule and hold a kickoff meeting within ten (10) Business Days of the Notice to Proceed (NTP) Date. At the kickoff, the Contractor shall furnish an updated

Project Plan describing the activities for the Contractor, the State, and any third parties for fully transitioning to the Contractor’s solution.

3.2 End of Contract Transition

The Contractor shall provide transition assistance as requested by the State to facilitate the orderly transfer of services to the State or a follow-on contractor, for a period up to sixty (60) days prior to the

Contract end date, or the termination thereof. Such transition efforts shall consist, not by way of limitation, of:

A. Provide additional services and support as requested to successfully complete the transition;

B. Maintain the services called for by the Contract at the required level of proficiency;

C. Provide updated System Documentation (as appropriate); and

D. Provide current operating procedures (as appropriate).

The Contractor shall work toward a prompt and timely transition, proceeding in accordance with the directions of the Contract Manager. The Contract Manager may provide the Contractor with additional instructions to meet specific transition requirements prior to the end of the Contract.

The Contractor shall ensure that all necessary knowledge and materials for the tasks completed are transferred to the custody of State personnel or a third party, as directed by the Contract Manager.

The Contractor shall support end-of-Contract transition efforts with technical and project support to include, but not be limited to:

E. The Contractor shall provide a draft Transition-Out Plan 120 Business Days in advance of the Contract end date. The Transition-Out Plan shall address at a minimum the following areas:

1. Any staffing concerns/issues related to the closeout of the Contract;

2. Communications and reporting process between the Contractor, the Department; and the Contract Manager;

3. Security and system access review and closeout;

4. Any hardware/software inventory or licensing including transfer of any point of contact for required software licenses to the Department or a designee;

5. Any final training or orientation of Department staff;

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6. Connectivity services provided, activities and approximate timelines required for

Transition-Out;

7. Knowledge transfer, to include:

a. A working knowledge of the current system environments;

b. Review with the Contract Manager the procedures and practices that support the business process and current system environments;

c. Working knowledge of all technical and functional matters associated with the solution, its architecture, data file structure, interfaces, any batch programs, and any hardware or software tools utilized in the performance of the Contract; and

d. Documentation that lists and describes all hardware and software tools utilized in the performance of the Contract;

8. Plans to complete tasks and any unfinished work items (including open change requests, and known bug/issues); and

9. Any risk factors with the timing and the Transition-Out schedule and transition process.

The Contractor shall document any risk factors and suggested solutions.

The Contractor shall ensure all documentation and data including, but not limited to, System

Documentation and current operating procedures, is current and complete with a hard and soft copy in a format prescribed by the Contract Manager.

The Contractor shall provide copies of any current daily and weekly back-ups to the Department, or a third party as directed by the Contract Manager as of the final date of transition, but no later than the final date of the Contract.

3.3 Invoicing

Submission of an invoice constitutes the Contractor’s verification that the information in the invoice is accurate as of the time of submission.

An invoice not satisfying the requirements of a Proper Invoice (as defined in COMAR 21.06.09) will not be processed for payment. To be considered a Proper Invoice, invoices must include the following information, without error:

A. The Contractor shall e-mail the original of each invoice to the Contract Manager.

B. All invoices for services shall be certified with an authorizing signature by the Contractor as accurate at the time of submission.

C. An invoice not satisfying the requirements of a Proper Invoice (as defined in COMAR

21.06.09) will not be processed for payment. To be considered a Proper Invoice, invoices must include the following information, without error:

1. Contractor name and address;

2. Contractor authorizing signature;

3. Remittance address;

IFB for Department of Budget and Management Page 23 of 78

4. Federal taxpayer identification (FEIN) number, social security number, as appropriate;

5. Invoice period (i.e. time period during which services covered by invoice were performed);

6. Invoice date;

7. Invoice number;

8. State assigned Contract number;

9. State assigned (Blanket) Purchase Order number(s);

10. Goods or services provided;

11. Amount due; and

12. Any additional documentation required by regulation or the Contract.

D. Invoices that contain both fixed price and labor hour or time and material items shall clearly identify each item as either fixed price, and labor hour, or time and material billing.

E. The State reserves the right to reduce or withhold Contract payment in the event the

Contractor does not provide all required deliverables within the time frame specified in the

Contract or otherwise breaches the terms and conditions of the Contract until such time as the Contractor brings itself into full compliance with the Contract. Also see the “Living

Wage” provision of the Contract, if applicable, which allows for withholding of payment under certain circumstances.

F. The State is generally exempt from federal excise taxes, Maryland sales and use taxes, District of Columbia sales taxes and transportation taxes. The Contractor, however, is not exempt from such sales and use taxes and may be liable for the same.

G. Invoices for final payment shall be clearly marked as “FINAL” and submitted when all work requirements have been completed, and no further charges are to be incurred under the

Contract.

H. The Contractor shall provide all invoices and supporting documentation to the Contract

Manager within 60 calendar days of the termination of the Contract. Any invoice received more than 60 calendar days after the end of the Contract will not be paid.

3.3.1 Invoice Submission Schedule

The Contractor shall submit invoices in accordance with the following schedule:

A. For items of work for which there is one-time pricing (see Attachment B –The Price

Form), those items shall be billed in the month following the acceptance of the work by the State.

B. For Items of work for which there is annual pricing (see Attachment B–The Price

Form), those items shall be billed in equal monthly installments for the applicable

Contract year in the month following the performance of the services.

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C. Invoices for work performed on a labor hour or time and materials basis shall be submitted on or before the 15th day of the month following the end of the invoice period.

D. Invoices for deliverables shall be submitted upon completion and acceptance of the deliverables as defined in Section 2 of the IFB.

3.3.2 Travel Reimbursement

Travel will not be reimbursed under this IFB.

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

Inapplicable because there is no MBE goal for this IFB.

3.4.2 Liquidated Damages other than MBE

This section is inapplicable to this IFB.

3.4.3 Problem Escalation Procedure

No later than ten (10) Business Days after notice of recommended award or after the date of the

Notice to Proceed, whichever is earlier, the Contractor must provide, and thereafter, maintain a

Problem Escalation Procedure (PEP) for both routine and emergency situations. The PEP must state how the Contractor will address problem situations as they occur during the performance of the Contract, especially problems that are not resolved to the satisfaction of the State within appropriate timeframes and must include:

A. Contact information

B. The process for establishing the existence of a problem;

C. Names, titles, and contact information for progressively higher levels of personnel in the Contractor’s organization who would become involved in resolving a problem;

D. For each individual listed in the Contractor’s PEP, the maximum amount of time a problem will remain unresolved with that individual before the problem escalates to the next contact person listed in the Contractor’s PEP;

E. Expedited escalation procedures and any circumstances that would trigger expediting them;

F. The method of providing feedback on resolution progress, including the frequency of feedback to be provided to the State;

G. Contact information for persons responsible for resolving issues after normal business hours (e.g., evenings, weekends, holidays) and on an emergency basis; and

H. A process for updating and notifying the Contract Manager of any changes to the PEP.

I. The PEP must be updated within ten (10) Business Days after any change in circumstance which changes the PEP but not less than annually within ten (10)

Business Days after the start of each Contract year.

Nothing in this section shall be construed to limit any rights of the Contract Manager or the

State which may be allowed by the Contract or applicable law.

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3.5 Work Orders

This section is inapplicable to this IFB.

3.6 Payments by Electronic Funds Transfer

By submitting a Bid in response to this solicitation, the Bidder, if selected for award:

Agrees to accept payments by electronic funds transfer (EFT) unless the State Comptroller’s

Office grants an exemption. Payment by EFT is mandatory for contracts exceeding $200,000. The successful Bidder shall register using the COT/GAD X-10 Vendor Electronic Funds (EFT)

Registration Request Form.

Any request for exemption must be submitted to the State Comptroller’s Office for approval at the address specified on the COT/GAD X-10 form, must include the business identification information as stated on the form, and must include the reason for the exemption. The COT/GAD

X-10 form may be downloaded from the Comptroller’s website at:

http://comptroller.marylandtaxes.com/Vendor_Services/Accounting_Information/Static_Files/GA

DX10Form20150615.pdf.

3.7 Prompt Payment Policy

This procurement and the Contract(s) to be awarded pursuant to this solicitation are subject to the

Prompt Payment Policy Directive issued by the Governor’s Office of Small, Minority & Women

Business Affairs (GOSBA) and dated August 1, 2008. Promulgated pursuant to Md. Code Ann., State Finance and Procurement Article, §§ 11-201, 13-205(a), and Title 14, Subtitle 3, and

COMAR 21.01.01.03 and 21.11.03.01, the Directive seeks to ensure the prompt payment of all subcontractors on non-construction procurement contracts. The Contractor shall comply with the prompt payment requirements outlined in the Contract, Section 31 “Prompt Pay Requirements”

(see Exhibit 2 - Sample Contract). Additional information is available on GOSBA’s website at:

http://www.gomdsmallbiz.maryland.gov/documents/legislation/promptpaymentfaqs.pdf.

3.8 Nonvisual Access

3.8.1 The bidder or offeror warrants that the information technology offered under this bid or proposal (1) provides equivalent access for effective use by both visual and non-visual means consistent with the standards of § 508 of the federal Rehabilitation Act of 1973 and Code of Maryland Regulations 14.33.02; (2) provides an individual with disabilities with non-visual access in a way that is fully and equally accessible to and independently usable by the individual with disabilities so that the individual is able to acquire the same information, engage in the same interactions, and enjoy the same services as users without disabilities, with substantially equivalent ease of use; (3) will present information, including prompts used for interactive communications, in formats intended for both visual and nonvisual use; (4) if intended for use in a network, can be integrated into networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or visually impaired; and (5) is available, whenever possible, without modification for compatibility with software and hardware for nonvisual access. The bidder or offeror further warrants that the cost, if any, of modifying

IFB for Department of Budget and Management Page 26 of 78 the information technology for compatibility with software and hardware used for nonvisual access will not increase the cost of the information technology by more than 15 percent.

3.8.2 If the information technology procured under this solicitation does not meet the non-visual access standards set forth in the Code of Maryland Regulations 14.33.02, the State will notify the bidder or offeror in writing that the bidder or offeror, at its own expense, has 12 months after the date of the notification to modify the information technology in order to meet the non-visual access standards. If the bidder or offeror fails to modify the information technology to meet the nonvisual access standards within 12 months after the date of the notification, the bidder or offeror may be subject to a civil penalty of a fine not exceeding $5,000 for a first offense, and a fine not exceeding $10,000 for a subsequent offense.

3.8.3 The bidder or offeror shall indemnify, defend and hold harmless the State for liability resulting from the use of information technology that does not meet the applicable non-visual access standards.

3.8.4 For purposes of this provision, the phrase ‘equivalent access' means the ability to receive, use, and manipulate information and operate controls necessary to access and use information technology by nonvisual means. Examples of equivalent access include keyboard controls used for input and synthesized speech, Braille, or other audible or tactile means used for output.

3.8.5 Prior to any IT solution being pushed to production or going live, the Contractor shall provide DoIT with a comprehensive accessibility audit report demonstrating conformance with Web Content Accessibility Guidelines (WCAG) 2.1 that includes the results from automated and manual testing tools, such as the use of Job Access With

Speech (JAWS), VoiceOver and Non-Visual Desktop Access (NVDA). The Contractor shall leverage a variety of commonly used accessibility testing procedures, including accessing the site through mainstream web browsers and evaluating accessibility, and performing comprehensive mobile accessibility testing using physical iOS and Android devices (not mobile emulators) to ensure the native accessibility features work with the respective IT solution. The report shall include a detailed timeline for the remediation of all identified accessibility issues. The Contractor may use an independent third-party accessibility testing company to conduct this work. Vendors may submit the comprehensive accessibility audit report through the Maryland OneStop system. Vendors who do not have an account should register for a OneStop account. Once registered, Vendors should go to Vendor Digital Accessibility Compliance Form to complete the form and attach the documents.

3.8.6 A testing and remediation plan must be provided for accessibility issues discovered with respect to information technology provided under the Contract. A testing and remediation plan must include items identified in paragraphs 3.8.1 and 3.8.2. If the Contractor will use any subcontractors as part of its plan, the Contractor must name the subcontractors in this plan. The Contractor shall remediate any accessibility issues identified in the accessibility audit, by DoIT, or any other state agency. The Contractor must conduct

IFB for Department of Budget and Management Page 27 of 78 validation testing on all remediated accessibility issues and provide a copy of the validation testing results as an Excel or Word file. Vendors may submit the comprehensive testing and remediation plan, validation testing results through the

Maryland OneStop system. Vendors who do not have an account should register for a

OneStop account. Once registered, Vendors should go to Vendor Digital Accessibility

Compliance Form to complete the form and attach the documents.

3.8.7 The Contractor agrees that the use of out-of-the-box or third-party source code does not waive a Contractor’s obligation to ensure that a product complies with the requirements of this Section.