Attachment 1 - Statement of Work 07-12-2010 TO BE RELEASED.pdf

Statement of Work for U.S. Immigration and Customs Enforcement And Federal Protective Services Medical, Psychological, Fitness, and Drug Testing Services

ATTACHMENT 1

RFP: HSCESS-10-R-00001

PERFORMANCE WORK STATEMENT

Table of Contents I Introduction II Authority ……………………………………………………………………………………...3 III Pre-Employment Medical Services

IV Post-Employment and Employee Medical Services V Drug Testing Services VI Drug and Alcohol Testing of Employees in Positions Requiring the Acquisition/

Maintenance of Commercial Driver’s Licenses (CDL) VII Key Personnel Requirements VIII General Requirements IX Hazardous Material and Health and Wellness Screenings X Travel ………………………………………………………………………………………..28 XI Deliverables XII Security Requirements XIII List of Appendices Appendix I Legacy Drug-Free Workplace Program Appendix II HHS Specimen Collection Handbook Appendix III 2000 Labor Agreement Appendix IV Weapons Carrying Positions Appendix V Duty Locations Appendix VI Cities Requiring Collection Facilities within 60 Mile Radius Appendix VII Instructional Handsheet for Physical Examination and Scoresheet Appendix VIII Statement of Employee Responsibility for Maintenance of Physical Conditioning...

Appendix IX Medical Examination and History Report (part 1) and Consent for Fitness/Performance

Test (part 2) Appendix X Federal Protective Service Medical Standards ……………………………………… 34 Appendix XI Definitions

Statement of Work

Medical, Psychological, Fitness, and Drug Testing Services

I Introduction

The primary mission of the U.S. Department of Homeland Security (DHS) is to lead the unified national effort to secure the country and preserve our freedoms. While the Department was created to secure our country against those who seek to disrupt the American way of life, our charter also includes preparation for and response to all hazards and disasters. U.S. Immigration and Customs Enforcement (ICE) is responsible for the protection of the security of the American people and homeland by vigilantly enforcing the nation's immigration and customs laws. Federal Protective Services (FPS) is responsible for rendering federal properties safe and secure for federal employees, officials and visitors in a professional and cost effective manner by deploying a highly trained and multi-disciplined police force.

This Statement of Work (SOW) encompasses certain pre-employment medical, employee medical, and drug/alcohol screening services for ICE and FPS duty stations located throughout the country.

Pre-employment medical services include applicant medical and physical screening, fitness/physical performance assessment, and drug and alcohol testing in accordance with U.S. Department of Health and Human Services (HHS) regulations. Employee medical services include one or more of the following: periodic medical examinations, fitness for duty examinations, return to work reviews after an injury or illness, drug testing, and alcohol testing in accordance with HHS regulations and Department of Transportation (DOT) regulations. Potential deliveries of services include all 50 US states, plus locations in Puerto Rico, the Virgin Islands, and the Mariana Islands to include Guam.

Requests for the testing of individuals from ICE will originate from the Dallas Service Center.

Requests for the testing of individuals from FPS will originate from the Federal Protective Service Medical Branch. Requests may also originate from either ICE or FPS’s authorized delegate or designee. The contractor is required to fully cooperate with any requests for testing set forth in the SOW originating from authorized personnel.

II Authority

The following authorities affect the services the contractor shall deliver under this SOW:

Per Section 503 of Public Law 10071, 5 U.S.C. Section 7301, A. An agency may establish medical standards for positions that predominate in that agency. Such standards must be justified on the basis that duties of the position are arduous or hazardous, or require a certain level of health status or fitness because the nature of the positions involves a high degree of responsibility toward the public or sensitive national security concerns.

B. Executive Order 12564, dated September 15, 1985, Drug Free Workplace (DFW), requires agencies to establish drug free federal workplace programs, to include drug testing and substance abuse education for federal employees.

C. Public Law 100-71, dated July 11, 1987, requires HHS to do the following: (1) certify that each agency has developed a plan for achieving a drug free workplace in accordance with Executive Order 12564 and applicable provisions of law, and (2) publish mandatory guidelines that establish scientific and technical standards for Federal drug testing programs and standards for certification of laboratories engaged in urine drug testing for Federal agencies.

D. DOT rule 40 CFR Part 40, describes required procedures for conducting workplace drug and alcohol testing for the federally regulated transportation industry.

III Pre-Employment Medical Services

A. Description

Federal agencies are responsible for ensuring that their employees are fully qualified to safely and efficiently perform the essential duties of their respective positions. In law enforcement and other safety sensitive areas, this mandate takes on extraordinary significance in that certain positions require the employee to engage in activities that are strenuous, hazardous, and carry a high degree of responsibility to the public. These areas are generally, but not exclusively, weapon carrying positions. Because of this and in accordance with 5 CFR 339, Federal agencies have the authority to require:

1. that applicants undergo a pre-employment medical examination and provide specific documentation related to their medical histories; and

2. that employees demonstrate their continued medical suitability for the position based on previously established medical guidelines, physical requirements, and critical tasks specific to each position.

B. Pre-Employment Physical Fitness Tests (PFT)

1. General Information

Before commencing the PFT, applicants will have completed the pre-employment medical examination, including blood pressure readings and a twelve-point EKG with Medical Doctor’s

Interpretation. At times, applicants may be required to complete a combination of required services: EKG, Fitness/Performance assessment, and Drug Test.

In the event that no contraindications to participation have been identified, and the applicant provides signed consent to be tested, then the fitness assessments may be administered. It should be noted that testing is always stopped at the request of the applicant for chest pain or other problems, or if the test administrator determines that testing should be stopped.

2. Description of Physical Fitness Test

This PFT, for ICE applicants only, consists of three parts and allows for a three-minute rest period between each part. The following describes the components:

a. Kneel/Stand Test

The test consists of 10 changes of position, an extended period of upright kneeling (2 minutes), followed by the final position change. The test is administered as one continuing test, with two parts, which are timed separately. The initial ten changes must be completed within 25 seconds and are immediately followed by two minutes of kneeling and then coming to a full standing position. Both parts of the test require the maintenance of upright postures with minimal posture deviations especially during change of positions. The applicant will be required to hold both arms extended in front as if holding a firearm. An audiotape will provide verbal cues during this test so that applicant does not have to memorize the sequence.

b. Push-up Test

This is a timed test requiring completion of fifteen proper form push-ups in two minutes.

The depth of the push-up will be measured using a foam block. Rests between push-ups, if needed, must be taken in the “up position.” The test administrator will evaluate the applicant’s form during the test and will provide instructions as to when to start and stop.

c. Step Test

This is a timed test requiring that the applicant step up and down on a 16 inch high step at a rate of 96 steps per minute for a total of 5 minutes duration. An audiotape, containing constant beat and verbal cues is used. The audiotape also contains special instructions to switch the lead leg every minute to avoid local muscle fatigue.

These tests are to be administered per the protocol outlined in the following documents:

i. ICE Fitness Testing Fact Sheet

ii. ICE Test Administrator checklist

iii. Script of the ICE Officer Fitness Tape

3. Procedures in the Event of Applicant Inability to Successfully Complete the PFT

In the event that an applicant fails to successfully complete any one component of the PFT, the test administrator conducting the assessment must fully describe, in writing, the specifics of the event and reason for failure or for stopping the assessment on the back of the assessment score sheet. The test administrator shall sign and date the document, notify the contractor of the failure within 1 day and forward all materials, documentation, score sheets, etc. to the contractor within 3 working days of the test.

The contractor shall review the PFT upon conclusion of the medical screening, and should submit PFT results to the Dallas Service Center within one (1) working day of the screening.

The Government will review this documentation and record results upon receipt of the fitness documents. For failures a higher level review will be performed for concurrence of the failure.

C. Pre-employment Medical Examinations

Pre-employment medical services covered in the SOW will include one or all of the following:

applicant medical and physical screening, fitness/physical performance assessment, and drug testing in accordance with HHS procedures.

1. Pre-Employment Examination Process

Physical examinations performed under the auspices of the SOW must be consistent with established medical guidelines for weapon-carrying positions. Specifically, the medical screening must include a thorough assessment of the applicant’s medical history and must determine the following:

a. The applicant’s current and forecasted future medical suitability for fulfilling the duties of the advertised positions;

b. Whether the individual has as history of a particular medical problem in which recurrence cannot be medically ruled out;

c. The etiology of any disease or condition;

d. The level/degree of stability of an existing or past disease/condition;

e. The level/degree of severity of conditions identified, and

f. The existence and extent of any current concern that is not identified in history, but which may be present during the exam

Forms to be used in the recording of the medical history and examination’s physical findings have been developed by the Government and will be utilized for examination purposes. These forms also serve as guidelines as to what information is salient to the exam process and include guidelines for the measurement of:

a. vital signs

b. height/weight

c. vision

i. corrected and uncorrected visual acuity (near and distant)

ii. peripheral vision

iii. visual depth perception

iv. color vision per Ishihara Color Vision Test or in the alternative

Farnsworth D-15

d. pure tone audiometry (500; 1,000; 2,000; 3,000; 4,000; 6,000; 8,000 frequencies)

e. tuberculosis skin test results (to be read 48 to 72 hours past administration)

f. medical doctor’s interpretation of twelve lead EKG (upon review of the EKG, the

Primary Reviewing Physician must sign or otherwise initial the EKG)

The contractor shall have five (5) working days from Government notification to contact applicants to schedule medical tests and PFTs and seven (7) working days to complete the pre-employment medical screening and PFT process. The Primary Reviewing Physician shall review the completed examination to determine if an applicant is medically suitable for the position. The Primary Reviewing Physician shall render a written medical opinion either to the Dallas Service Center or FPS Medical Branch within nine (9) calendar days of the pre-employment medical exam date.

D. Medical Conclusion/Recommendation Process for Pre-Employment Medical Services

After performing an assessment of the applicant’s medical history and a comprehensive systematic examination, the examining physician shall complete a summary of the findings in order to establish the applicant’s health status and the stability of the condition(s) identified.

The examining physician shall refrain from making any recommendation verbally or in writing to the individual regarding the individual’s medical suitability for the position. Rather, the examining physician shall forward the exam/history data to the Contractor’s Primary Reviewing Physicians.

The Contractor’s Primary Reviewing Physicians shall possess an understanding of the stressors and responsibilities of the various positions and shall be thoroughly knowledgeable of the medically established guidelines for each position. Occupations may be added or guidelines may be revised as needed by the Government, and the contractor shall adjust work processes and occupational knowledge as needed. Upon review of the information obtained from the applicant pre-employment medical examination, the Contractor’s Primary Reviewing Physicians shall determine whether the individual meets the medical requirements of the position. The Government’s Designated Medical and Drug Program Coordinator staff will receive and review the Primary Reviewing Physician’s recommendation, and forward to management accordingly.

1. Contractor’s Primary Reviewing Physicians shall be responsible for:

a. reviewing all medical examination records and ensuring their completeness.

b. ensuring that the information obtained from the physical examination, the medical findings, conclusions, and recommendations are consistent with generally accepted professional guidelines.

c. ensuring that the examination procedures and methods for reporting the information are uniform.

d. indicating to the Government’s Designated Medical and Drug Program Coordinator staff through written report within nine (9) working days of receipt of a file whether and what

e. providing an opinion as to the applicant’s medical suitability for the position including a description of current health status, stability of condition, and the rationale for the decision. This recommendation shall be written in narrative form and shall indicate exactly what documentation was reviewed prior to reaching the decision. The written medical opinion of the applicant’s suitability for the position shall be submitted within nine (9) working days from receipt of medical records. If the results of the medical exam do not clearly support the applicant’s suitability for the position, the Primary Reviewing Physician’s opinion shall specify what additional medical documentation is needed to clarify the status of a particular medical condition(s). Additional opinions, based on additional medical documentation received, may be requested from the Primary Reviewing Physicians. A written medical opinion based on the secondary requests shall be provided within nine (9) working days from receipt of records.

IV Post-Employment and Employee Medical Services

A. Description

Physical examinations performed under the auspices of the SOW must be consistent with the medical guidelines for weapon-carrying positions. Specifically, the medical examination shall include an assessment of the individual’s medical history and his or her current medical and physical status and provide sufficient information to provide a recommendation concerning the individual’s continued suitability for the position.

B. Fitness for Duty Examinations

The Government generally requires a Fitness for Duty (FFD) examination whenever there is a direct question of the employee’s ability to meet the medical and/or physical requirements of the position.

At times the Government may require an employee who has applied for or is receiving continuation of pay or compensation as a result of an on the job injury/disease to report for a FFD examination to determine the medical limitations that may affect placement decisions.

The contractor shall schedule a FFD examination to take place within three weeks but not sooner than two weeks of the Government’s request. The contractor shall provide the Government with the specifics of the appointment within 48 hours of request, to allow the Government sufficient time to notify the employee. Generally, the employee should have at least one to two weeks notice before the examination. It should be noted that in all FFD examinations it is the Government and not the contractor who is responsible for informing the employee of the appointment and for having the employee sign all necessary consents for the examination. The Government will provide the contractor with all necessary consents at least three (3) calendar days prior to the scheduled examination.

The contractor shall arrange for the general examination. The examination shall be within 60 miles of the employee’s home or workplace. The examination will include provisions for the following laboratory work:

CBC with differential Chemistry profile Thyroid Panel Urinalysis

The contractor’s Primary Reviewing Physicians shall review all exam and lab results, and provide a final report to the Government’s requesting office within five (5) working days from receipt of results. In the event that the Contractor’s Primary Reviewing Physicians indicate that a more detailed assessment by a physician specialist is required, the Primary Reviewing Physicians shall notify the Government’s Designated Medical and Drug Program Coordinator staff within five (5) working days from receipt of results and will then schedule the appropriate specialist examination. The contractor shall provide the Government with two weeks notice when the additional examination is scheduled as to allow time for the Government to inform the employee of the specifics. The contractor must also indicate the cost of each specialist and breakdown the cost by specialist exam, review of records, report, each diagnosis/specialized medical test, etc.

If an employee does not appear for the scheduled examination, the contractor shall notify the Government immediately (within 4 hours of the scheduled appointment) and the Government will reimburse the contractor a negotiated fee. The Government reserves the right to cancel or reschedule prior to 24 hours of the scheduled appointment without any fee.

C. Routine and Specialized Medical Tests

A routine medical examination may be provided to some employees either on a scheduled basis or on an as-needed basis, depending on the occasion and/or requirements of the individual position.

While a general examination must be consistent with accepted medical guidelines and include routine assessments, including but not limited to measurements of height, weight, and vital signs; the following enhancements may be ordered by the Government for certain individuals at any time:

Audiometry Blood glucose Blood lead level Cardiac risk level Chest x ray (PA and lateral) Color vision assessment (ishihara 14 plate edition) Lab profile (CBC with differential, chemistry profile, urinalysis) Maximal stress EKG with MD interpretation Peripheral vision and visual depth perception Protoporphyrin, zinc (ZPP) blood test Resting twelve lead EKG with MD interpretation Spirometry (FVC%, FEV1, FEV1/FVC%)

TB Skin test (with chest x-ray if indicated) Visual acuity (corrected and uncorrected, near and distant) Psychological/Psychiatric testing

D. Employee Exit Examinations

An “exit examination” may on occasion be ordered for an employee who is approaching termination.

This examination must include the following components:

Audiometry Height and Weight Lab profile (CBC with differential, chemistry profile, urinalysis) Resting EKG with MD differential Visual acuity (corrected and uncorrected, near and distant) Vital signs

E. Provisions for Other Specialized Medical Services

Services will include the review of the following documentation:

1. Return to work requests

2. Documentation regarding whether an individual is a “qualified individual with handicap” under the Americans with Disabilities Act and Rehabilitation Act

3. Reasonable accommodation requests

4. Family/medical leave act requests

5. Employees with time and attendance issues

6. Consultations with the Office of Chief Counsel of ICE on any medically related issue that affects Tort claims from private parties.

7. Consultations with the Office of Employee and Labor Relations and/or the Office of General

Counsel on any medical related issue that affects Tort claims from private parties

F. Medical Conclusion/Recommendation Process for Post-Employment Medical Services

After performing an assessment of the employee’s medical history and a comprehensive systematic examination, the examining physician shall complete a summary of the findings in order to establish the applicant’s/employee’s health status and the stability of the condition(s) identified.

1. Contractor’s Primary Reviewing Physicians Employee and Post Employment medical services shall be responsible for:

a. reviewing all medical examination records and ensuring their completeness.

b. ensuring that the information obtained from the physical examination, the medical findings, conclusions, and recommendations are consistent with generally accepted professional guidelines.

c. ensuring that the examination procedures and methods for reporting the information are uniform.

d. indicating to the Government’s Designated Medical and Drug Program Coordinator staff through written report within five (5) working days of receipt of file whether and what additional medical documentation is necessary to clarify the status of a particular medical condition(s).

e. indicating to the Government’s Designated Medical and Drug Program Coordinator staff in a written report within ten (10) working days of receipt of file when the employee’s continued medical suitability for the position may only be determined by a comprehensive assessment by a physician of specialty prior to rendering an opinion. The contractor shall arrange such an assessment and shall notify the Government’s Designated Medical and Drug Program Coordinator staff of the details of the appointment. In addition, if an appropriate medical specialist contributed a written opinion, the written opinion shall be attached to the final recommendation of the Primary Reviewing Physician. The written recommendation shall provide the names of any and all physicians contributing to the opinion.

f. providing the Government’s Designated Medical and Drug Program Coordinator staff with the written report as to the employee’s medical suitability within five (5) working days from receipt of the employee’s exam/history data from the examining physician/specialist. Additional opinions, based on additional medical documentation received, may be requested from the Primary Reviewing Physicians. A written medical opinion based on the secondary requests shall be provided within ten (10) working days beginning from the date upon which the requesting office or its designee receives notice from the Primary Reviewing Physician that one is required.

V Drug Testing Services

A. Background

The primary objective of a urine drug screening program is to establish and maintain a Drug Free Federal workplace in accordance with Executive Order 12564 and Public Law 100-71. The work shall be performed in accordance with all applicable policies procedures and rules set for the by HHS rules outlined in the “urine specimen collection handbook for Federal Workplace Drug Testing Programs” at http://workplace.samhsa.gov/DrugTesting/SpecimenCollection/UrnSpcmnHndbk10012004.htm. The contractor shall update processes, as necessary, according to the HHS rules outlined in the above referenced handbook, and stay abreast of HHS requirement changes, and modify processes to accommodate HHS requirement modifications.

The contractor shall, upon notification from ICE or FPS authorized officials, collect urine specimens from applicants/employees. Collections may occur at many duty locations and the contractor shall be http://workplace.samhsa.gov/DrugTesting/SpecimenCollection/UrnSpcmnHndbk10012004.htm willing to make these collections by establishing a clinic if necessary. The contractor shall also make available expert witnesses, as necessary, in connection with administrative and judicial proceedings.

B. Routine Urine Drug Screening

Executive Order 12564 and Public Law 100-71 prohibit any unauthorized use of controlled substances. The drug testing is conducted by analyzing the applicant’s/ employee’s urine specimen.

The analysis shall be is performed at laboratories certified and monitored by HHS. A list of HHS approved laboratories is published monthly in the Federal Register. Specimens are analyzed for the following:

Marijuana (THC) Cocaine Amphetamines Opiates (including heroin) Phencyclidine (PCP) Other substances identified by HHS or other legal entities in the future

C. Categories of Drug Screening

For all services below, the Medical Review Officer (MRO) shall notify the Government’s Designated Medical and Drug Program Coordinator within 24 hours of a test result that is positive prior to confirmation and 24 hours after confirmation of the positive result, and within 1 (one) working day for a negative test result. The contractor shall notify the ICE or FPS requesting office within 4 hours of the scheduled appointment for those applicants/employees who do not report for their scheduled test.

1. Applicants

Pre-employment (applicants): These services support pre-employment drug screening. Within two

(2) calendar days of the initial notification, the contractor shall be responsible for coordinating the scheduling of the services within 48 hours with the individual and the collection facility. Most collections shall occur at clinics. The contractor shall also be required to perform on site drug testing at various locations, which may include ICE or FPS offices. The collection site will generally be provided a two week notice to schedule on site testing. The Medical Reviewing Officer will either notify the Dallas Service Center or FPS Medical Branch within two (2) working days of the results of the test.

2. Employees

Injury, illness, unsafe or unhealthy practices (Post Accident): These services are conducted after accidents on drivers or other employees whose performance may have contributed to the accident (as determined by a citation for a moving vehicle) and on all drivers involved in fatal or serious accidents even if the driver is not cited for a moving violation. Testing will be requested for the presence of illegal drugs after a serious accident or where an unsafe work practice occurs in which the agency has reason to believe that illegal drug use contributed to the incident. The contractor shall schedule this type of testing immediately after notification by ICE or FPS authorized officials and testing shall be completed within 8 hours of such notifications.

Reasonable suspicion: This test is conducted when the appropriate ICE or FPS officials authorize testing. When management has reason to believe an employee is using illegal drugs, the employee will be given written notification and will be asked to provide a urine sample. The contractor shall schedule this type of testing immediately after notification by ICE or FPS authorized officials and testing shall be completed within 8 hours of such notification usually at a clinic.

Random: Random testing shall be performed at Government work sites at scheduled times and the collector will be provided two weeks notice. Testing may occur anytime within a 24 hour period. The contractor shall be expected upon request to provide a collection team consisting of male and/or female collectors. Depending on the number of employees to be testing, the contractor may be asked to provide up to four collectors (two of each gender). The majority of collections will be obtained between the hours of 6:00 AM and 7:00 PM local time. However, collections can be made anytime in locations where operations exist on a 24 hour basis. ICE or FPS authorized officials will notify employees of the scheduled test and will provide the name of the site coordinator to the contractor.

Return-to-Duty and Follow-up: These tests are conducted on an individual who has violated the prohibited drug standards, and returns to duty. Follow-up tests are unannounced.

Employees who are undergoing a rehabilitation program or who have a confirmed history of drug use will be required to provide samples on a random, unannounced basis to assure the agency that the employee is remaining drug free. The contractor shall schedule follow up testing with the contact person within 24 hours after notification by ICE or FPS officials.

Voluntary Testing: Those employees who wish to demonstrate their support of the program may request to be tested voluntarily, whether or not they are in a testing designated position. The contractor shall schedule voluntary testing within a 24 hours after notification by ICE or FPS authorized officials.

D. Scheduling

1. Applicants

On a daily basis, or when available, the ICE or FPS authorized officials will send an electronic file to the contractor to notify them of the applicant’s drug screening tests. This file will contain all the information about the applicant contact and required tests/exams that are needed to schedule the applicants.

The contractor shall be responsible for scheduling the applicant for drug testing. Upon successfully notifying the applicant of the need for a urine specimen, the contractor shall make provisions to assure that the applicant provides such a specimen within 48 hours of the applicant being notified. The contractor shall contact the applicant by telephone to notify the examinee for the appointment date, time, address, and contact person.

2. Employees

The contractor shall be responsible for scheduling and providing collectors for the drug testing within two weeks of being requested by ICE or FPS authorized officials. No notice is provided to the employee until the day of the test. The contractor shall provide ICE or FPS authorized officials with a written confirmation report of the scheduled collectors/contact information within one week of being requested by the Government. The contractor will also be required to perform random drug testing at various locations. At times the Government may request post accident/unsafe practice testing. This type of drug screening tests for the presence of illegal drugs after a serious accident or where an unsafe work practice occurs in which the agency has reason to believe that illegal drug use contributed to the incident. The contractor shall schedule this type of testing immediately after notification by ICE or FPS and testing shall be completed within 8 hours of such notification.

For emergency requests (reasonable suspicion; injury, illness, unsafe or unhealthy practices) the collection shall be completed within 8 hours of notification. Such requests may occur at any time during the day or week, at any location, and generally will be made via telephone, followed by written confirmation. Within a reasonable time after award, the contractor shall supply the contact information for such collections.

E. The Collector

The collector is a certified individual who instructs and assists a donor at a collection site, receives and makes an initial inspection of the urine specimen provided by the donor, and initiates and completes the custody and control form (CCF). The collector is vital to the success of a drug-testing program and is the one individual with whom all donors will have direct face to face contact. If the collector does not ensure the integrity of the specimen and adhere to the collection process, the specimen may not be considered a valid piece of evidence. Agency site coordinator(s) may travel on site to oversee collection and collectors. On occasion the Government may request that an agency site coordinator serve as a collector. On occasion, a collector may be required to testify.

The contractor must contact the Government to resolve problems concerning:

1. applicants who are unable to provide a specimen while at the collection facility

2. permission to conduct direct observation collections for applicants or employees suspected of adulterating specimens

F. Collection Site

The collection site is the location for specified applicants/employees to present themselves for the purpose of providing their urine specimens under controlled conditions. Generally, pre-employment;

reasonable suspicion; Return-to-Duty and Follow-up; and Voluntary Testing will be conducted at the contractor sites unless alternative sites have been agreed upon by the Government and the contractor.

Random, and injury, illness, or unhealthy practices collections will be conducted primarily at

Government locations. The contractor shall assume responsibility for ensuring that specific collection site requirements are maintained.

The majority of applicants/employees requiring testing will report to a location designated by the contractor. Collection sites for employee drug testing are usually at the workplace. When the collection site is not at the workplace, then it shall be within 60 miles of the employee’s home.

Applicant drug testing is scheduled either in conjunction with another pre-employment process or is scheduled within 60 miles of applicant’s home. In certain cases, the contractor may be required to travel to the individual’s location if the collection site is not located within 60 miles of the applicant/employee.

If the contractor is unable to make a prompt specimen collection appointment because a collection site is not available within a 60 mile commuting radius, the contractor must notify the Government within 24 hours of the initial request for services. The Government may provide the contactor an additional 24 hours to locate an acceptable collection site. However, if unable to locate an acceptable collection site, the contractor shall make arrangements to travel to a site mutually agreed upon by both parties. This travel will be at no additional cost to the Government.

The contractor shall, at a minimum:

1. Provide a facilities plan 45 days after the award that details the manner consistent with HHS guidelines

2. Ensure the collection site provided has restroom facilities that are clean, well lit, and sufficiently secure to prevent compromise during the collection of specimens. The Government will be responsible for securing any collection at Government locations.

3. Ensure any collection site for urine collections shall be secure at all times. No unauthorized personnel shall be permitted in any part of the collection site where urine specimens are collected or stored.

4. Immediately notify the appropriate Government authorized official if a site fails to meet any of the above requirements. The contractor shall then, in consultation with the Government, select an alternate site meeting the above requirements.

a. Collection Supplies

The contractor shall be responsible for providing all supplies necessary to conduct proper collections at the designated sites.

b. Applicant/Employee Identification

The Contractor shall confirm the identity of the applicant/employee for drug screening.

In the event an applicant/employee does not have proper identification, authorization to collect the specimen must be obtained from Government authorized officials and noted on the CCF. Additionally, if an applicant/employee fails to appear at the assigned time, the collector must contact the Contractor, who in turn shall report to the Government within 4 hours of the scheduled appointment time.

c. Specimen Suitability

If the applicant/employee is unable to provide a specimen of at least 30 ml (45ml preferred) but does provide enough specimens to activate the temperature strip, the collector must first determine if the specimen is within the acceptable temperature range.

If the specimen was of insufficient quantity and within the acceptable temperature range, the collector will dispose of the original specimen and collection container but retain the CCF.

The collector notes the time of the first attempt on the CCF, and informs the individual of when the two-hour period begins and ends. The individual is required to remain at the test site until a second specimen is provided. The individual may be given a reasonable amount of liquid to drink for this purpose. If the specimen is less than 30ml and the temperature is outside the acceptable range, the collector shall immediately contact the Government authorized officials to discuss the appropriate action to be taken.

If the individual is unable to provide a second specimen within 2 hours, the collector must contact the contractor for instructions. For applicants and employees, the contractor shall immediately contact the Government authorized officials before the individual is allowed to leave the site.

If the specimen is not immediately prepared for shipment, it must be appropriately secured and refrigerated during temporary storage. In no instance shall the specimen be stored longer than 24 hours after collection.

d. Collection Control

In order to ensure that the urine sample is properly identified, strict chain of custody procedures shall be applied.

While performing any part of the chain of custody procedures, the contractor shall ensure that the specimen and custody documents are always under the total control of the collector.

If the collector must leave the workstation, the specimen and custody form must accompany the collector. Collectors shall work with only one donor at a time.

Only the proper laboratory chain of custody forms shall be utilized for the purpose of maintaining control and accountability from initial collection to final disposition of all specimens. The forms shall identify the specimens through use of pre-printed applicant/ employee identification information that matches label items and a sequential number assigned to each urine specimen obtained. With each transfer of possession, the chain of custody form must be signed, dated, and time stamped by the individual releasing the specimen. By signing and dating the CCF, the individual certifies that the urine in the bottle came form his/her body at the time of collection. Refusal to sign the CCF shall be noted on the CCF by the collector. The collector shall complete the CCF for the collection process.

The applicant/employee shall not be released until the specimen is sealed in the transmittal package. The contractor shall ensure that the number of person handling the specimens does not exceed two (2) consisting of the collector and one other contractor employee.

The contractor shall adhere strictly to the following timeframes established by the Government. Failure of the contractor to adhere to the timeframe shall be reported immediately to the Government authorized officials:

i. In the Random Testing Program, the collection process will generally be scheduled by the Government under the direction of Government authorized officials to occur as close to the start of a work shift as possible. At Government locations where there is a 24-hour operation, collections may occur at any hour during the shift.

ii. Injury, illness, unsafe or unhealthy practices, and reasonable suspicion collection shall be made within 8 hours after notification by Government authorized officials.

iii. Pre-employment and voluntary collections shall occur within 48 hours after Government authorized officials notifies the contractor.

iv. For Follow-up collections, Government authorized officials will provide the primary contractor with the date the collection is needed.

Collection under direct observation shall never be made except with specific verbal authorization from the Government. When approved, a same sex collector will directly observe the collection.

In cases where specimens are provided without direct observation, the collectors shall always have the container within sight before and after the individual has urinated. The individual being tested and the collector shall keep the specimen in view at all times prior to being sealed and labeled. The identification label must contain the date, the individual’s specimen number and other required information. If the specimen is transferred to a second container, the collector shall require the individual to observe the transfer of the specimen and the placement of the identification label securely on the container. The tamper proof seal shall be placed over the container cap and down the sides of the bottle. The designated contract Drug Testing Laboratory may provide additional instructions on proper chain of custody procedures.

e. Specimen Transportation

After collection of urine specimens, the contractor shall arrange to ship the specimens to the designated contract Drug Testing Laboratory (DTL). The specimen shall be placed in appropriate containers (specimen boxes or padded mailers) that are securely sealed to eliminate the possibility of tampering. Collectors shall prepare packages in accordance with specific written DTL instructions. The Contractor shall ensure that all specimens are delivered to the DTL, within 24 hours of collection, by next day delivery service.

f. Quality Control and Training

The Contractor shall conduct on site visits and randomly monitor/review number for days for scheduling, number of days for rescheduling previously rejected specimens, and number of days for mailing specimens. The contractor shall provide proper training to the contract collectors on HHS guidelines for any collection efforts.

g. Response to Agency

Upon being notified by the Government of drug collection problems, due to failure to comply with the SOW, the contractor shall research the problems and report to the Government, in writing, the corrective actions taken within 48 hours after the notification.

The contractor shall notify the Government promptly prior to closing a designated collection facility. The contractor shall ensure that all specimens are sent from the collector to the contractor ten (10) calendar days after a facility is closed. Upon request of the Government to discontinue use of a facility, the contractor shall have two weeks to identify and report to the Government the name and address of the new facility.

h. Reports and Records

The contractor shall provide the Government with statistical summary reports on all collections containing specific details on employees tested, site locations, and costs incurred.

The statistical summary reports shall be submitted no later than the 10th of each month following the month during which there was a site collection conducted.

VI Drug and Alcohol Testing of Employees in Positions Requiring the Acquisition/ Maintenance of Commercial Driver’s Licenses (CDL)

A. Background

Pursuant to Department of Transportation (DOT) Federal Motor Carrier Safety Administration (FMCSA) regulations, both alcohol and drug testing of employees who may possess a commercial driver’s license is required.

DOT rules include specific procedures for urine drug testing and breathe alcohol testing for persons holding or applying for CDLs. These can be found in the 49 CFR 40 at http://www.dot.gov/ost/dapc/New_Docs/part40.htm?proc

These regulations are designed to ensure the accuracy, reliability, and confidentiality of test results. They also delineate training and proficiency requirements for the screening test technicians (STT) and breath alcohol technicians (BAT). In addition, they provide quality assurance plans to ensure the accuracy of breath testing devices including calibration requirements and of procedures. All collectors used for this contract must be DOT certified (subpart J 40.211). Specifically, 49 CFR 40 Subpart C and E DOT urine drug screening requirements. Subpart J, L, and M explain DOT alcohol tests.

All agreements and arrangements, written and unwritten, between the Government and the contractor concerning the implementation of DOT drug and alcohol testing requirements are deemed, as a matter of law, to require compliance with all applicable provisions of this part and DOT drug and alcohol testing regulations. The Government requires that the contractor comply with these guidelines in their entirety.

B. DOT Drug Testing

DOT 49 CFR Part 40 prohibits any unauthorized use of controlled substances. Illicit drug use by safety-sensitive drivers is prohibited on and off duty. The drug testing is conducted by analyzing a driver’s urine specimen. The analysis is performed at laboratories certified and monitored by HHS. A list of HHS approved laboratories is published monthly in the Federal Register. Specimens are analyzed for the following:

Marijuana (THC) Cocaine Amphetamines Opiates (including heroin) Phencyclidine (PCP)

C. Categories of Drug and Alcohol Testing

The categories of testing are the same as those listed under Section V Drug Testing Services for Employees C.2.

D. The Collector

The contractor shall provide collectors who meet all the requirements set forth in DOT’s rule 49 CFR Part 40 or http://www.dot.gov/ost/dapc/New_Docs/part40.htm?proc. Specifically, the collectors shall be in accordance with guidelines outlined in 49 CFR Subpart C-Urine Collection Personnel, and 49 CFR Subpart J-Alcohol Testing Personnel.

E. Drug Testing Procedures

Generally, the driver provides a urine specimen in a location that affords privacy and the collector seals and labels the specimen, completes a chain of custody document and prepares the specimen and all required documentation for shipment to an approved drug testing laboratory. The MRO designed for this specific duty then reviews the results. Specifically, Subpart C and Subpart E of 49 CRF 40 explain the procedures for DOT urine collection.

F. Drug Testing Laboratory.

The designated drug testing laboratory shall be in accordance with DOT 49 CRF 40 Subpart F. Subpart F outlines drug testing laboratory requirements regarding: processing of all incoming urine specimens, including confirmation tests, specimen validity testing, criteria used to establish a specimen as dilute, substituted, and or adulterated, and requirements for retaining specimens after testing. The designated drug testing laboratory shall report the results of each specimen, according to DOT requirements.

G. Medical Review Officer (MRO)

A physician licensed any U.S., Canadian, or Mexican jurisdiction, currently Board-certified in Occupational Medicine, or Internal Medicine and having successfully passed the Medical Review Officer Certification Council (MROCC) examination, continuing education and recertification requirements as mandated. The MRO must be knowledge about the Federal Workplace Drug Testing Programs, and clinical experience in controlled substance abuse disorders, detailed knowledge of alternative medical explanations for laboratory positive drug test results, knowledge about issues relating to adulterated and substituted specimens, knowledge about possible medical causes for specimens reported as having an invalid result and knowledge about the requirements outlined in 49 CFR Part 40, the Department of Transportation MRO Guidelines, and the agency regulations, remain current on any changes to these materials.

H. Alcohol Testing

Because alcohol is a legal substance, the DOT rules focus on specific prohibited alcohol related behaviors. Performance of safety sensitive functions is generally prohibited:

While using alcohol While having a breath alcohol concentration of 0.04 percent or greater as indicated by an alcohol breath test Within four (4) hours of using alcohol

In addition, refusing to submit to an alcohol test or using alcohol within 8 hours after an accident or until tested is prohibited.

I. Collection Sites, Forms, Equipment, and Supplies for DOT Drug Testing

Specific collection site requirements, forms, equipment and supplies shall be in accordance with DOT rule 49 CRF Part 40, Subpart K.

J. Alcohol Testing Procedures

The regulations provide for screening tests to be conducted using non-evidential breath testing and evidential breath testing devises (EBT). These devices must be among those approved by the National Highway Traffic Safety Administration (NHTSA). The NHTSA periodically publishes a list of such approved devices in the Federal Register.

A screening test is conducted first. Any result less than 0.02 alcohol concentrations are considered a negative test. If the alcohol concentration is 0.02 or greater, then a second confirmation test must be performed by a breath alcohol technician (BAT). The employee and the BAT then complete the alcohol testing form to ensure that the results are properly recorded.

The confirmation test must be conducted using an EBT that prints out the results, date and time of the test. It must also print out a sequential test number and the name and serial number of the EBT to ensure the reliability of the results. After the EBT has printed out the results, the BAT shall transmit the results according to the requirements outlined in DOT regulations.

VII KEY PERSONNEL REQUIREMENTS

Medical Review Officer (MRO) must be a physician licensed any U.S., Canadian, or Mexican jurisdiction, currently Board-certified in Occupational Medicine, or Internal Medicine and having successfully passed the Medical Review Officer Certification Council (MROCC) examination, continuing education and recertification requirements as mandated.