FY26.27 DPR SWE Third Party Drug Testing Services SP Contract Final 05142025.docx

Illinois Department of Financial and Professional Regulation Contract FY26-27 DPR SWE Third-Party Drug Testing Services SP BidBuy Bid 26-440DFPR-SECRE-B-47837 The Parties to this contract are the State of Illinois acting through the Illinois Department of Financial and Professional Regulation (“IDFPR” or “Agency”) undersigned Agency (the State of Illinois and the Agency are collectively the “State”) and the Vendor. This contract, consisting of the signature page and numbered sections listed below and any attachments referenced in this contract, constitute the entire contract between the Parties concerning the subject matter of the contract, and in signing the contract, the Vendor affirms that the Certifications and Financial Disclosures and Conflicts of Interest attached hereto are true and accurate as of the date of the Vendor’s execution of the contract. This contract supersedes all prior proposals, contracts and understandings between the Parties concerning the subject matter of the contract. This contract can be signed in multiple counterparts upon agreement of the Parties.

1. SCOPE OF WORK

1.1. OVERVIEW AND PURPOSE:

IDFPR is executing a contract for a third-party drug testing services provider. This shall be a zero-cost contract to the State and IDFPR. Costs for the services will be borne by the participant required to use these services as part of their regulatory discipline.

1.2. SUPPLIES AND/OR SERVICES REQUIRED:

1.2.1. Vendor shall administer a program to provide periodic drug screening test services to licensees and applicants (“participants”) who are required by IDFPR to undergo toxicology testing pursuant to IDFPR Orders or Agreements or at the request of IDFPR.

1.2.2. Vendor shall report the results and other pertinent information to IDFPR.

1.2.2.1. Vendor shall report, within 24 hours, all positive, altered, or non-conforming test results via email to FPR.DPRProbations@illinois.gov.

1.2.3. Vendor shall have the capacity to administer more than 1,500 tests per year and have the availability to administer tests throughout the entire State of Illinois.

1.2.4. Unless otherwise requested by IDFPR, all standard and comprehensive tests required and administered by the Vendor shall be a Urine Drug Screening (“UDS”). A Standard 6-Panel UDS (“Standard Panel”) checks for recent exposure to amphetamines, benzodiazepines, marijuana, cocaine, certain opiates, and oxycodone. For a Comprehensive Panel, refer to “Attachment 6.3 – State of Illinois Comprehensive Panel” for the list of associated substance exposures.

1.2.4.1. Standard Panel

1.2.4.2. Standard Panel + alcohol metabolite ethyl glucuronide (“EtG”)

1.2.4.3. Comprehensive Panel

1.2.4.4. Comprehensive Panel + EtG

1.2.4.5. Comprehensive Panel + Ketamine

1.2.4.6. Comprehensive Panel + ketamine + EtG

1.2.5. The following exams shall be administered in conjunction with a UDS, but dependent on the participant, their respective IDFPR Order or Agreement, or at the request of IDFPR:

1.2.5.1. Breathalyzer examination.

1.2.5.2. Hair, fingernail and/or toenail examination comprehensive panel + ketamine + EtG.

1.2.6. This shall be a $0 contract to the State and IDFPR. Costs for the services shall be borne by the participant.

1.2.6.1. Reference “Attachment 6.4 – Participant Per Test Fees” for associated tests and their respective costs to participants.

1.3. MILESTONES AND DELIVERABLES:

1.3.1. IDFPR Responsibilities:

1.3.1.1. IDFPR shall establish proper procedures with the Vendor on requesting and reporting these tests based on the participant’s respective Orders, Agreements, or at the request of IDFPR. Foundationally, the Vendor shall provide these reports on a monthly basis via email to FPR.DPRProbations@illinois.gov.

1.3.1.2. IDFPR shall provide the Vendor with designated IDFPR staff to execute proper procedures and ensure the Vendor fulfills their respective requirements and deliverables.

1.3.2. Vendor Responsibilities:

1.3.2.1. Vendor shall not perform services, provide supplies, or incur expenses from participants in any amount exceeding the state’s small purchase threshold of $100,000.00.

1.3.2.2. Vendor shall provide drug screening services to each individual identified by IDFPR in the most efficient and confidential manner possible. On an as-needed basis, the Vendor shall arrange for no participant to travel more than 100 miles from the residence to a testing/collection site.

1.3.2.3. Vendor shall enroll participants and assign each individual an account number, in the form of a Personal Identification Number (“PIN”) and establish a method to securely receive payment directly from the participants. IDFPR requires the Vendor to accept multiple types of payment (e.g., cash, check, credit card, debit card, etc.) from the participants. As part of the participant’s enrollment process, the Vendor shall provide orientation and support services to participants. Participants will bear the full costs of services.

1.3.2.4. Vendor shall provide the participant with an adequate supply of preprinted chain of custody and other required forms and will notify the participant when additional forms must be purchased.

1.3.2.5. Vendor shall provide the participant with the location, telephone number, and hours of operation of the nearest or most convenient collection site wherever participants are located. Vendor shall assist the participant in locating a qualified collection site when traveling outside their home area.

1.3.2.6. Once enrollment is complete, the participant shall be subject to random selection for drug screening within seven (7) business days and the Vendor shall notify the designated IDFPR staff via a mutually agreed upon method that the process has been initiated. Participants may be tested again, and in any manner, as dictated by IDFPR.

1.3.2.7. Vendor may provide random notifications of testing to participants through a secure internet website, portal, or system (“solution”), or toll-free number. Vendor’s solution or number shall be accessible for participants to contact daily and shall provide computer randomized selection/testing information. The participants will be selected and notified to provide a specimen, based on frequency requirements determined by IDFPR.

1.3.2.8. Vendor shall maintain data that is updated on a daily basis verifying the:

1.) date and time each participant was notified;

2.) the date, time, and location where each specimen was collected;

3.) the results of the drug screening; and 4.) whether or not the participant complied with all required procedures, including but not limited to: failure to appear to provide a specimen.

1.3.2.9. Vendor shall ensure IDFPR has full access to all collected data. Vendor shall include and provide any necessary hardware, software, and/or electronic data accessibility and ensure compatibility with existing IDFPR information technology requirements.

1.3.2.10. Vendor shall provide training to IDFPR personnel as required, including but not limited to: initial and follow-up training as required.

1.3.2.11. Vendor shall utilize appropriate internal (e.g., test call-ins, record audits, off-site computer backups, etc.) and external (e.g., random checks of collection sites, control specimens routed through courier services to laboratories, etc.) quality controls and provide IDFPR with quarterly reports of all quality control testing and results of that testing.

1.3.2.12. Vendor shall maintain the confidentiality of participant’s personal information in accordance with Federal, State, and any other appropriate confidentiality regulations for drug screening services.

1.3.2.13. Vendor shall provide a detailed inventory of all services and supplies that are included in the standard fee paid by the participant. Vendor shall clearly inform participants of the bundled cost for each drug screen that includes the cost of the program administration, collection, transportation, analysis, reporting, confirmation, and Medical Review Officer (“MRO”) review.

1.3.2.14. Vendor shall identify collection sites, industry laboratory protocol, and standards along with assurance that these standards are maintained.

1.3.2.15. Upon request and for a separate fee, the Vendor shall make available expert testimony, at a fixed cost, regarding all aspects of the drug testing program. Vendor shall make litigation services available for five (5) years after the end of the term of the awarded agreement.

1.3.2.16. Vendor shall protect the confidentiality and the physical integrity of the contents of all drug panels and provide IDFPR with first disclosure of all results. Vendor shall also obtain agreement form the laboratory to protect the confidentiality and the physical integrity of the contents of all drug panels and to provide IDFPR with first disclosure of all results upon request.

1.3.2.17. Vendor shall have, show, and maintain the education, experience, and technical ability necessary to perform the duties documented in this contract.

1.3.2.18. Vendor shall have licensed or certified professionals or otherwise appropriately credentialed professionals in their field of expertise as required by State or Federal regulations to perform the services requested. Upon request form IDFPR, the Vendor will provide copies of documents meeting this requirement.

1.3.2.19. Vendor shall have a minimum of two (2) years of experience in the provision of drug testing services and bidder personnel shall have the education and experience to execute all requirements listing in this solicitation.

1.4. VENDOR/STAFF SPECIFICATIONS:

1.4.1. Each person working in performance of this contract may be subject to a background investigation, fingerprinting, and/or drug testing. IDFPR reserves the right to decline or accept any person assigned to the contract.

1.4.2. Upon IDFPR’s request, the Vendor and any subcontractors shall provide IDFPR with documentation of all third-party visits made to areas containing data including unauthorized access.

1.4.3. Within two (2) calendar days of detection, the Vendor shall provide detailed information regarding unauthorized access to the Vendor’s information technology systems.

1.4.4. The Vendor may agree to a site visit prior to the notice of this contract by State representatives in order to demonstrate how it will comply with the requirements outlined in this contract.

1.4.5. It is the responsibility of the Vendor to ensure reliable and effective transfer of files between IDFPR and the Vendor.

1.5. TRANSPORTATION AND DELIVERY: N/A

1.6. SUBCONTRACTING:

Subcontractors are allowed.

1.6.1. Will subcontractors be utilized? |_| Yes |_| No

A subcontractor is a person or entity that enters into a contractual agreement with a total value of $100,000 or more with a person or entity who has a contract subject to the Illinois Procurement Code pursuant to which the person or entity provides some or all of the goods, services, real property, remuneration, or other monetary forms of consideration that are the subject of the primary State contract, including subleases from a lessee of a State contract.

All contracts with subcontractors where the annual value of the subcontract is greater than $50,000 must include Illinois Standard Certifications completed by the subcontractor.

1.6.2. Please identify below subcontracts with an annual value of $100,000 or more that will be utilized in the performance of the contract, the names and addresses of the subcontractors, and a description of the work to be performed by each.

· Subcontractor Name: Click here to enter text Amount to Be Paid: Click here to enter text Address: Click here to enter text Description of Work: Click here to enter text

If additional space is necessary to provide subcontractor information, please attach an additional page.

1.6.3. If the annual value of any subcontracts is more than $100,000, then the Vendor must provide to the State the Financial Disclosures and Conflicts of Interest for that subcontractor.

1.6.4. If at any time during the term of the Contract, Vendor adds or changes any subcontractors, Vendor is required to promptly notify, in writing, the State Purchasing Officer or the Chief Procurement Officer of the names and addresses and the expected amount of money that each new or replaced subcontractor will receive pursuant to this Contract. Any subcontracts entered prior to award of this Contract are done at the sole risk of the Vendor and subcontractor(s).

1.7. WHERE SERVICES ARE TO BE PERFORMED: Unless otherwise disclosed in this section all services shall be performed in the United States. If the Vendor performs the services purchased hereunder in another country in violation of this provision, such action may be deemed by the State as a breach of the contract by Vendor.

Vendor shall disclose the locations where the services required shall be performed and the known or anticipated value of the services to be performed at each location. If the Vendor received additional consideration in the evaluation based on work being performed in the United States, it shall be a breach of contract if the Offeror shifts any such work outside the United States.

· Location where services will be performed: Click here to enter text Value of services performed at this location: Click here to enter text

· Location where services will be performed: Click here to enter text Value of services performed at this location: Click here to enter text

2. PRICING

2.1. TYPE OF PRICING: The Illinois Office of the Comptroller requires the State to indicate whether the contract price is firm or estimated at the time it is submitted for obligation. The total price of this contract is firm.

2.2. VENDOR’S PRICING: Vendor’s pricing is located in the Items Tab in the BidBuy Purchase Order. The State includes in this contract the BidBuy Purchase Order as it contains the agreed pricing.

2.3. MAXIMUM AMOUNT: This shall be a $0 contract to the State and IDFPR. However, the total value of payments made by participants to the Vendor under this contract’s term shall not exceed $100,000.00 without a formal amendment. Reference “Attachment B – Participant Per Test Fees” for associated costs.

3. TERM AND TERMINATION

3.1. TERM:

3.1.1. TERM OF THIS CONTRACT: The contract will have an initial term commencing upon July 1, 2025, or the last dated signature of the Parties, whichever is the latest date, and ending on June 30, 2027. In no event will the maximum total term of the contract, including the initial term, any renewal terms, and any extensions, exceed ten (10) years. Vendor shall not commence billable work in furtherance of the contract prior to final execution of the contract except when permitted pursuant to 30 ILCS 500/20-80.

3.2. TERMINATION FOR CAUSE: The State may terminate this contract, in whole or in part, immediately upon notice to the Vendor if: (a) the State determines that the actions or inactions of the Vendor, its agents, employees or subcontractors have caused, or reasonably could cause, jeopardy to health, safety, or property, or (b) the Vendor has notified the State that it is unable or unwilling to perform the contract.

If Vendor fails to perform to the State’s satisfaction any material requirement of this contract, is in violation of a material provision of this contract, or the State determines that the Vendor lacks the financial resources to perform the contract, the State shall provide written notice to the Vendor to cure the problem identified within the period of time specified in the State’s written notice. If not cured by that date the State may either: (a) immediately terminate the contract without additional written notice or (b) enforce the terms and conditions of the contract.

For termination due to any of the causes contained in this Section, the State retains its rights to seek any available legal or equitable remedies and damages.

3.3. TERMINATION FOR CONVENIENCE: The State may, for its convenience and with thirty (30) days prior written notice to Vendor, terminate this contract in whole or in part and without payment of any penalty or incurring any further obligation to the Vendor.

Upon submission of invoices and proof of claim, the Vendor shall be entitled to compensation for supplies and services provided in compliance with this contract up to and including the date of termination.

3.4. AVAILABILITY OF APPROPRIATION: This contract is contingent upon and subject to the availability of funds. The State, at its sole option, may terminate or suspend this contract, in whole or in part, without penalty or further payment being required, if (1) the Illinois General Assembly or the federal funding source fails to make an appropriation sufficient to pay such obligation, or if funds needed are insufficient for any reason (30 ILCS 500/20-60), (2) the Governor decreases the Agency’s funding by reserving some or all of the Agency’s appropriation(s) pursuant to power delegated to the Governor by the Illinois General Assembly, or (3) the Agency determines, in its sole discretion or as directed by the Office of the Governor, that a reduction is necessary or advisable based upon actual or projected budgetary considerations. Contractor will be notified in writing of the failure of appropriation or of a reduction or decrease.

4. STANDARD BUSINESS TERMS AND CONDITIONS

4.1. PAYMENT TERMS AND CONDITIONS:

4.1.1. LATE PAYMENT: Payments, including late payment charges, will be paid in accordance with the State Prompt Payment Act and rules when applicable. 30 ILCS 540; 74 III. Adm. Code 900. This shall be Vendor’s sole remedy for late payments by the State. Payment terms contained in Vendor’s invoices shall have no force or effect.

4.1.2. MINORITY CONTRACTOR INITIATIVE: Any Vendor awarded a contract of $1,000 or more under Section 20-10, 20-15, 20-25 or 20-30 of the Illinois Procurement Code (30 ILCS 500) is required to pay a fee of $15. The Comptroller shall deduct the fee from the first check issued to the Vendor under the contract and deposit the fee in the Comptroller’s Administrative Fund. 15 ILCS 405/23.9.

4.1.3. EXPENSES: The State will not pay for supplies provided or services rendered, including related expenses, incurred prior to the execution of this contract by the Parties even if the effective date of the contract is prior to execution.

4.1.4. PREVAILING WAGE: As a condition of receiving payment Vendor must (i) be in compliance with the contract, (ii) pay its employees prevailing wages when required by law, (iii) pay its suppliers and subcontractors according to the terms of their respective contracts, and (iv) provide lien waivers to the State upon request. Examples of prevailing wage categories include public works, printing, janitorial, window washing, building and grounds services, site technician services, natural resource services, security guard and food services. The prevailing wages are revised by the Illinois Department of Labor (DOL) and are available on DOL’s official website, which shall be deemed proper notification of any rate changes under this subsection. Vendor is responsible for contacting DOL at 217-782-6206 or (https://labor.illinois.gov) to ensure understanding of prevailing wage requirements.

4.1.5. FEDERAL FUNDING: This contract may be partially or totally funded with Federal funds. If Federal funds are expected to be used, then the percentage of the good/service paid using Federal funds and the total Federal funds expected to be used will be provided to the awarded Vendor in the notice of intent to award.

4.1.6. INVOICING: By submitting an invoice, Vendor certifies that the supplies or services provided meet all requirements of this contract, and the amount billed and expenses incurred are as allowed in this contract. Invoices for supplies purchased, services performed, and expenses incurred through June 30 of any year must be submitted to the State no later than July 31 of that year if the State is responsible for paying such invoices; otherwise, Vendor may have to seek payment through the Illinois Court of Claims. 30 ILCS 105/25. All invoices are subject to statutory offset. 30 ILCS 210.

4.1.6.1. Vendor shall not bill State for any taxes unless accompanied by proof that the State is subject to the tax. If necessary, Vendor may request the applicable agency’s Illinois tax exemption number and Federal tax exemption information.

4.1.6.2. Vendor shall bill the invoice responsible party (the participant) at the same pricing rates listed in section 2 of this contract.

4.1.6.3. Vendor shall invoice at this completion of the contract unless invoicing is tied in this contract to milestones, deliverables, or other invoicing requirements agreed to in the contract.

4.1.6.3.1. Vendor shall submit monthly participant invoice reports electronically to IDFPR. Vendor shall bill/invoice the participants directly. This shall be a $0 cost contract to the State and IDFPR. Vendor shall send electronic invoice reports to FPR.DPRProbations@illinois.gov and FPR.Procurement@illinois.gov. Any paper invoice reports shall be sent to:

State-wide Enforcement Probations Compliance Unit

4.1.6.4. If the Vendor invoices IDFPR in error and receives payment from IDFPR, the Vendor shall reimburse IDFPR for all costs associated with the errant products and/or services paid. The vendor shall invoice the participant for the products and/or services rendered plus applicable taxes.

4.1.6.5. When the participant is the invoice responsible party, the vendor and participant shall mutually agree to invoicing and payment methodology prior to services being rendered. State is not liable or otherwise responsible for any payment or other disputes between Vendor and participant.

For procurements conducted in BidBuy, the Agency may include in this contract the BidBuy Purchase Order as it contains the Bill To address.

4.2. ASSIGNMENT: This contract may not be assigned or transferred in whole or in part by Vendor without the prior written consent of the State.

4.3. SUBCONTRACTING: For purposes of this section, subcontractors are those with contracts with an annual value exceeding $100,000 and who are specifically hired to perform all or part of the work covered by this contract. Vendor must receive prior written approval before use of any subcontractors in the performance of this contract. Vendor shall describe, in an attachment if not already provided, the names and addresses of all authorized subcontractors to be utilized by Vendor in the performance of this contract, together with a description of the work to be performed by the subcontractor and the anticipated amount of money that each subcontractor is expected to receive pursuant to this contract. If required, Vendor shall provide a copy of any subcontracts within fifteen (15) days after execution of this contract. All subcontracts must include the same certifications that Vendor must make as a condition of this contract. Vendor shall include in each subcontract the Standard Illinois Certification form available from the State. If at any time during the term of the Contract, Vendor adds or changes any subcontractors, then Vendor must promptly notify, by written amendment to the Contract, the State Purchasing Officer or the Chief Procurement Officer of the names and addresses, the expected amount of money that each new or replaced subcontractor will receive pursuant to the Contract, and the general type of work to be performed. 30 ILCS 500/20-120.

4.4. AUDIT/RETENTION OF RECORDS: Vendor and its subcontractors shall maintain books and records relating to the performance of this contract and any subcontract necessary to support amounts charged to the State pursuant this contract or subcontract. Books and records, including information stored in databases or other computer systems, shall be maintained by the Vendor for a period of three (3) years from the later of the date of final payment under the contract or completion of the contract, and by the subcontractor for a period of three (3) years from the later of final payment under the term or completion of the subcontract. If Federal funds are used to pay contract costs, the Vendor and its subcontractors must retain their respective records for five (5) years. Books and records required to be maintained under this section shall be available for review or audit by representatives of the procuring Agency, the Auditor General, the Executive Inspector General, the Chief Procurement Officer, State of Illinois internal auditors or other governmental entities with monitoring authority, upon reasonable notice and during normal business hours. Vendor and its subcontractors shall cooperate fully with any such audit and with any investigation conducted by any of these entities. Failure to maintain books and records required by this section shall establish a presumption in favor of the State for the recovery of any funds paid by the State under this contract or any subcontract for which adequate books and records are not available to support the purported disbursement. The Vendor or subcontractors shall not impose a charge for audit or examination of the Vendor’s or subcontractor’s books and records. 30 ILCS 500/20-65.

4.5. TIME IS OF THE ESSENCE: Time is of the essence with respect to Vendor’s performance of this contract. Vendor shall continue to perform its obligations while any dispute concerning this contract is being resolved unless otherwise directed by the State.

4.6. NO WAIVER OF RIGHTS: Except as specifically waived in writing, failure by a Party to exercise or enforce a right does not waive that Party’s right to exercise or enforce that or other rights in the future.

4.7. FORCE MAJEURE: Failure by either Party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control and not due to its negligence, including acts of nature, acts of terrorism, riots, labor disputes, fire, flood, explosion, and governmental prohibition. The non-declaring Party may cancel this contract without penalty if performance does not resume within thirty (30) days of the declaration.

4.8. CONFIDENTIAL INFORMATION: Each Party to this contract, including its agents and subcontractors, may have or gain access to confidential data or information owned or maintained by the other Party in the course of carrying out its responsibilities under this contract. Vendor shall presume all information received from the State or to which it gains access pursuant to this contract is confidential. Vendor information, unless clearly marked as confidential and exempt from disclosure under the Illinois Freedom of Information Act, shall be considered public. No confidential data collected, maintained, or used in the course of performance of this contract shall be disseminated except as authorized by law and with the written consent of the disclosing Party, either during the period of this contract or thereafter. The receiving Party must return any and all data collected, maintained, created or used in the course of the performance of this contract, in whatever form it is maintained, promptly at the end of this contract, or earlier at the request of the disclosing Party, or notify the disclosing Party in writing of its destruction. The foregoing obligations shall not apply to confidential data or information lawfully in the receiving Party’s possession prior to its acquisition from the disclosing Party; received in good faith from a third-party not subject to any confidentiality obligation to the disclosing Party; now is or later becomes publicly known through no breach of confidentiality obligation by the receiving Party; or that is independently developed by the receiving Party without the use or benefit of the disclosing Party’s confidential information.

4.9. USE AND OWNERSHIP: All work performed or supplies created by Vendor under this contract, whether written documents or data, goods or deliverables of any kind, shall be deemed work for hire under copyright law and all intellectual property and other laws, and the State of Illinois is granted sole and exclusive ownership to all such work, unless otherwise agreed in writing. Vendor hereby assigns to the State all right, title, and interest in and to such work including any related intellectual property rights, and/or waives any and all claims that Vendor may have to such work including any so-called "moral rights" in connection with the work. Vendor acknowledges the State may use the work product for any purpose. Confidential data or information contained in such work shall be subject to the confidentiality provisions of this contract.

4.10. INDEMNIFICATION AND LIABILITY: The Vendor shall indemnify and hold harmless the State of Illinois, its agencies, officers, employees, agents and volunteers from any and all costs, demands, expenses, losses, claims, damages, liabilities, settlements and judgments, including in-house and contracted attorneys’ fees and expenses, arising out of: (a) any breach or violation by Vendor of any of its certifications, representations, warranties, covenants or agreements; (b) any actual or alleged death or injury to any person, damage to any real or personal property, or any other damage or loss claimed to result in whole or in part from Vendor’s negligent performance; (c) any act, activity or omission of Vendor or any of its employees, representatives, subcontractors or agents; or (d) any actual or alleged claim that the services or goods provided under this contract infringe, misappropriate, or otherwise violate any intellectual property (patent, copyright, trade secret, or trademark) rights of a third-party. In accordance with Article VIII, Section 1(a),(b) of the Constitution of the State of Illinois and 1973 Illinois Attorney General Opinion 78, the State may not indemnify private parties absent express statutory authority permitting the indemnification. Neither Party shall be liable for incidental, special, consequential, or punitive damages.

4.11. INSURANCE: Vendor shall, at all times during the term of this contract and any renewals or extensions, maintain and provide a Certificate of Insurance naming the State as an additionally insured for all required bonds and insurance. Certificates may not be modified or canceled until at least thirty (30) days’ notice has been provided to the State. Vendor shall provide: (a) General Commercial Liability insurance in the amount of $1,000,000 per occurrence (Combined Single Limit Bodily Injury and Property Damage) and $2,000,000 Annual Aggregate; (b) Auto Liability, including Hired Auto and Non-owned Auto (Combined Single Limit Bodily Injury and Property Damage), in amount of $1,000,000 per occurrence; and (c) Worker’s Compensation Insurance in the amount required by law. Insurance shall not limit Vendor’s obligation to indemnify, defend, or settle any claims.

4.12. INDEPENDENT CONTRACTOR: Vendor shall act as an independent contractor and not an agent or employee of, or joint venturer with the State. All payments by the State shall be made on that basis.

4.13. SOLICITATION AND EMPLOYMENT: Vendor shall not employ any person employed by the State during the term of this contract to perform any work under this contract. Vendor shall give notice immediately to the Agency’s director if Vendor solicits or intends to solicit State employees to perform any work under this contract.

4.14. COMPLIANCE WITH THE LAW: The Vendor, its employees, agents, and subcontractors shall comply with all applicable Federal, State, and local laws, rules, ordinances, regulations, orders, Federal circulars and all license and permit requirements in the performance of this contract. Vendor shall be in compliance with applicable tax requirements and shall be current in payment of such taxes. Vendor shall obtain at its own expense, all licenses and permissions necessary for the performance of this contract.

4.15. BACKGROUND CHECK: Whenever the State deems it reasonably necessary for security reasons, the State may conduct, at its expense, criminal and driver history background checks of Vendor’s and subcontractor’s officers, employees or agents. Vendor or subcontractor shall immediately reassign any individual who, in the opinion of the State, does not pass the background check.

4.16. APPLICABLE LAW:

4.16.1. PREVAILING LAW: This contract shall be construed in accordance with and is subject to the laws and rules of the State of Illinois.

4.16.2. EQUAL OPPORTUNITY: The Department of Human Rights’ Equal Opportunity requirements are incorporated by reference. 44 Ill. Adm. Code 750.

4.16.3. COURT OF CLAIMS; ARBITRATION; SOVEREIN IMMUNITY: Any claim against the State arising out of this contract must be filed exclusively with the Illinois Court of Claims. 705 ILCS 505. The State shall not enter into binding arbitration to resolve any dispute arising out of this contract. The State of Illinois does not waive sovereign immunity by entering into this contract.

4.16.4. OFFICIAL TEXT: The official text of the statutes cited herein is incorporated by reference. An unofficial version can be viewed at (www.ilga.gov/legislation/ilcs/ilcs.asp).

4.17. ANTI-TRUST ASSIGNMENT: If Vendor does not pursue any claim or cause of action it has arising under Federal or State antitrust laws relating to the subject matter of this contract, then upon request of the Illinois Attorney General, Vendor shall assign to the State all of Vendor’s rights, title and interest to the claim or cause of action.

4.18. CONTRACTUAL AUTHORITY: The Agency that signs this contract on behalf of the State of Illinois shall be the only State entity responsible for performance and payment under this contract. When the Chief Procurement Officer or authorized designee or State Purchasing Officer signs in addition to an Agency, he/she does so as approving officer and shall have no liability to Vendor. When the Chief Procurement Officer or authorized designee or State Purchasing Officer signs a master contract on behalf of State agencies, only the Agency that places an order or orders with the Vendor shall have any liability to the Vendor for that order or orders.

4.19. EXPATRIATED ENTITIES: Except in limited circumstances, no business or member of a unitary business group, as defined in the Illinois Income Tax Act, shall submit a bid for or enter into a contract with a State agency if that business or any member of the unitary business group is an expatriated entity.

4.20. NOTICES: Notices and other communications provided for herein shall be given in writing via electronic mail whenever possible. If transmission via electronic mail is not possible, then notices and other communications shall be given in writing via registered or certified mail with return receipt requested, via receipted hand delivery, via courier (UPS, Federal Express or other similar and reliable carrier), or via facsimile showing the date and time of successful receipt. Notices shall be sent to the individuals who signed this contract using the contact information following the signatures. Each such notice shall be deemed to have been provided at the time it is actually received. By giving notice, either Party may change its contact information.

4.21. MODIFICATIONS AND SURVIVAL: Amendments, modifications and waivers must be in writing and signed by authorized representatives of the Parties. Any provision of this contract officially declared void, unenforceable, or against public policy, shall be ignored and the remaining provisions shall be interpreted, as far as possible, to give effect to the Parties’ intent. All provisions that by their nature would be expected to survive, shall survive termination. In the event of a conflict between the State’s and the Vendor’s terms, conditions and attachments, the State’s terms, conditions and attachments shall prevail.

4.22. PERFORMANCE RECORD/SUSPENSION: Upon request of the State, Vendor shall meet to discuss performance or provide contract performance updates to help ensure proper performance of this contract. The State may consider Vendor’s performance under this contract and compliance with law and rule to determine whether to continue this contract, suspend Vendor from doing future business with the State for a specified period of time, or whether Vendor can be considered responsible on specific future contract opportunities.

4.23. FREEDOM OF INFORMATION ACT: This contract and all related public records maintained by, provided to, or required to be provided to the State are subject to the Illinois Freedom of Information Act (FOIA) notwithstanding any provision to the contrary that may be found in this contract. 5 ILCS 140.

4.24. SCHEDULE OF WORK: Any work performed on State premises shall be performed during the hours designated by the State and performed in a manner that does not interfere with the State and its personnel.

4.25. WARRANTIES FOR SUPPLIES AND SERVICES:

4.25.1. Vendor warrants that the supplies furnished under this contract will: (a) conform to the standards, specifications, drawing, samples or descriptions furnished by the State or furnished by the Vendor and agreed to by the State, including but not limited to all specifications attached as exhibits hereto; (b) be merchantable, of good quality and workmanship, and free from defects for a period of twelve months or longer if so specified in writing, and fit and sufficient for the intended use; (c) comply with all federal and state laws, regulations and ordinances pertaining to the manufacturing, packing, labeling, sale and delivery of the supplies; (d) be of good title and be free and clear of all liens and encumbrances and; (e) not infringe any patent, copyright or other intellectual property rights of any third-party. Vendor agrees to reimburse the State for any losses, costs, damages or expenses, including without limitations, reasonable attorney’s fees and expenses, arising from failure of the supplies to meet such warranties.

4.25.2. Vendor shall ensure that all manufacturers’ warranties are transferred to the State and shall provide to the State copies of such warranties. These warranties shall be in addition to all other warranties, express, implied or statutory, and shall survive the State’s payment, acceptance, inspection or failure to inspect the supplies.

4.25.3. Vendor warrants that all services will be performed to meet the requirements of this contract in an efficient and effective manner by trained and competent personnel. Vendor shall monitor performances of each individual and shall immediately reassign any individual who does not perform in accordance with this contract, who is disruptive or not respectful of others in the workplace, or who in any way violates the contract or State policies.

4.26. REPORTING, STATUS AND MONITORING SPECIFICATIONS: Vendor shall immediately notify the State of any event that may have a material impact on Vendor’s ability to perform this contract.

4.27. EMPLOYEMENT TAX CREDIT: Vendors who hire qualified veterans and certain ex-offenders may be eligible for tax credits. 35 ILCS 5/216, 5/217. Please contact the Illinois Department of Revenue (telephone #: 217-524-4772) for information about tax credits.

5. STATE SUPPLEMENTAL PROVISIONS

|_| Agency Definitions N/A |_| Required Federal Clauses, Certifications and Assurances N/A |_| Public Works Requirements (construction and maintenance of a public work) 820 ILCS 130/4.

N/A |_| Prevailing Wage (janitorial cleaning, window cleaning, building and grounds, site technician, natural resources, food services, security services, and printing, if valued at more than $200 per month or $2,000 per year) 30 ILCS 500/25-60.

N/A |_| Agency Specific Terms and Conditions N/A |X| Other (describe) This is a $0 contract to the State and IDFPR. The Vendor shall not bill or invoice the State or IDFPR to perform the services of this contract. The participants shall pay the Vendor directly.

6. ATTACHMENTS

6.1. Vendor Disclosures OR Financial Disclosures (including Illinois Procurement Gateway print-off, if applicable)

6.2. Illinois Standard Certifications (if not included in attachment 6.1)

6.3. State of Illinois Comprehensive Panel

6.4. Participant Per Test Fees

6.5. BidBuy Purchase Order

Illinois Department of Financial and Professional Regulation FY26-27 DPR SWE Third-Party Drug Testing Services SP BidBuy Bid 26-440DFPR-PROFR-B-47837

VENDOR

Phone: Click here to enter text.

Signature:

STATE OF ILLINOIS

City, State ZIP: Chicago, IL 60661

Printed Name: Mario Treto, Jr.

Official’s Title: Secretary

State of Illinois Contract v.25.3

AGENCY USE ONLY NOT PART OF CONTRACTUAL PROVISIONS

· Agency Reference #: BidBuy Requisition# R-254889

· Project Title: FY26.27 Third-Party Drug Screening $0 Cost SP

· Contract #: 26 DPR 47837

· Procurement Method (IFB, RFP, Small Purchase, etc.): Small Purchase

· BidBuy / Bulletin Reference #: B-47837

· BidBuy / Bulletin Publication Date: 05/14/2025

· Award Code: C

· Subcontractor Utilization? |_| Yes |_|No Subcontractor Disclosure? |_| Yes |_|No

· Funding Source: N/A $0 Cost Contract to the State and IDFPR.

· Obligation #:

· Other Preferences?