ITB # 391 UA Analysis Admin Doc Amend 1.docx

STATE OF IDAHO

DIVISION OF PURCHASING

FOR

IDAHO DEPARTMENT OF CORRECTION

Invitation to Bid (ITB) ITB # 391 Amendment 1 MP 8/2/2024

Urine Analysis IDOC

TABLE OF CONTENTS

IDOC Data Sensitivity Classification - L3 Restricted

ITB Administrative Information

ITB Lead:

Michael Piccono, Purchasing Officer Division of Purchasing 650 W State St, RM 100, Boise ID, 83720 Michael.Piccono@adm.idaho.gov 208-332-1612

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PURPOSE

The Idaho Department of Correction (“IDOC”), through the Idaho Division of Purchasing (“DOP”), is requesting Bids from qualified Vendors for Urine Analysis (UA) Drug Testing for clients under IDOC community supervision in accordance with the specifications provided below.

GENERAL INFORMATION, solicitation instructions and standard terms and conditions This Solicitation is issued by the state of Idaho (the “State”) via IPRO Powered by Luma (IPRO). The ITB Lead is the only contact for this Solicitation. All correspondence regarding this ITB shall be in writing. In the event that it becomes necessary to revise any part of this ITB, amendments will be posted at IPRO. It is the responsibility of the Bidder to monitor IPRO for any updates or amendments. Any oral interpretations or clarifications of this ITB shall not be relied upon. All changes to this ITB must be in writing and posted at IPRO to be valid. Alternate Bids are not allowed.

INQUIRIES

Questions or other correspondence must be submitted in writing to the ITB Lead listed below. QUESTIONS MUST BE RECEIVED BY 11:59:59 P.M. Mountain Time ON THE DATE LISTED IN THE ITB ADMINISTRATIVE INFORMATION. Written questions must be submitted using Attachment 1, Bidder Questions. Official answers to all written questions will be posted on IPRO as an amendment to this ITB.

ITB Lead: Michael Piccono, Purchasing Officer Phone: 208-332-1612 E-mail: Michael.Piccono@adm.idaho.gov

Any questions regarding the State of Idaho Standard Contract Terms and Conditions found at (Contract Terms and Conditions) must also be submitted in writing, using Attachment 1, Bidder Questions, by the deadline identified in the ITB Administrative Information. The State will not consider proposed modifications to these requirements after the date and time set for receiving questions. Questions regarding these requirements must contain the following:

1. The rationale for the specific requirement being unacceptable to the party submitting the question (define the deficiency).

2. Recommended verbiage for the State’s consideration that is consistent in content, context, and form with the State’s requirement that is being questioned.

3. Explanation of how the State’s acceptance of the recommended verbiage is fair and equitable to both the State and to the party submitting the question.

Bids which condition the Bid based upon the State accepting other terms and conditions not found in the ITB, or which take exception to the State’s terms and conditions, will be found non-responsive, and no further consideration of the Bid will be given.

BACKGROUND

IDOC Probation and Parole staff are located across the state of Idaho working in district offices (See Attachment 4 IDOC District Map). Probation and Parole provides several services including supervision, investigation, educational and behavioral programming, and monitoring of approximately 16,000 clients either on probation or parole.

Probation & Parole holds the core values that community protection is the first priority in supervision, that clients are responsible and must be accountable for their own behavior, that clients can change for the better if provided the right opportunities and that everyone is entitled to be treated with respect and dignity. With this in mind, Probation and Parole staff require random and ad hoc urine analysis drug and alcohol testing for clients that have a diagnosed substance use disorder and those who must refrain from alcohol and substance use during supervision as determined by the courts.

QUANTITY

Quantities provided in this ITB are for information purposes only. No minimum or maximum amounts are guaranteed or implied. Initiation of services will be coordinated between the contractor and the IDOC Probation and Parole Staff for the District services are to be provided in.

The initial term is one (1) years. Upon mutual, written agreement, the Contract may be renewed, extended or amended. The anticipated total Contract term is five (5) years.

COST

Provide your fully burdened Total Cost on the Bid Schedule (Attachment 2).

BILLING PROCEDURE

The Contractor must provide ana signed invoice Monthly. The invoice and respective reports must be submitted no later thirty (30) calendar days afterafter the month after services were provided. No invoice will be accepted or paid without receipt of required reports/documentation. Invoices submitted without the required reports/documentation will be returned to the Contractor for resubmission.

The Contractor must provide the following information with each invoice:

Invoices and reports are to be submitted to:

Agency Contact Person: Fiscal Department and District Manager assigned to service area Agency Name: Idaho Department of Correction Address: fiscal@idoc.idaho.gov

SUBMISSION REQUIREMENTS

Required Bid Submission Items Your Bid Submission must consist of the following:

Bid Schedule Provide your cost information on Attachment 2, Bid Schedule, below. Do not submit your Bid on any other form. Submitting your Bid on a form different than the Bid Schedule may cause your Bid to be rejected as non-responsive.

Experience Provide a statement confirming that contractor has the minimum two (2) years of experience.

State of Idaho Signature Page The State of Idaho Signature Page must be completed and submitted as part of your Bid. The State of Idaho Signature Page is attached in IPRO.

Bid Submission Methods Bids must be submitted electronically via IPRO. Do not fax or e-mail your Bid. Your Bid must be received at the Division of Purchasing by the date and time specified on the IPRO header document. The official time, for bid closing purposes, is the Division of Purchasing’s time clock.

Electronic Submission via IPRO Submitting electronically via IPRO, upload all of the Required Bid Submission Items (See Section 8.1) and enter your cost in IPRO for each line item; as the “Total Cost” on the Bid Schedule OR $0.01 as your cost in IPRO.

Upload all Required Bid Submission Items using Microsoft products such as Word and Excel. Do not submit items in .pdf format, unless provided otherwise in this ITB.

Submitting via IPRO, be advised that that the Bidder for Bid evaluation and award purposes is the entity profile under which submit you in IPRO, which must be the same legal entity presented in your uploaded response materials. If the entity identified on the state supplied Signature Page differs from the entity under which you submit your Bid in IPRO, the information provided on the Signature Page prevails.

It is mandatory to submit your Bid electronically via IPRO, all Bidders participating in a Solicitation issued through IPRO must establish an account in the IPRO system as it is necessary in order to process and/or award the resulting Contract(s). It is free to establish an account and only takes a few minutes.

Bidders are further advised to upload response materials with descriptive file names, organized and consolidated in a manner which allows the State to efficiently navigate the Bidder’s response; as the State will print uploaded documents for evaluation in the manner received via IPRO.

Trade Secrets If your Bid contains trade secret information which you have identified, you must also submit a redacted copy of the Bid (in electronic format, with the word “redacted” in the file name) with all trade secret information removed or blacked out; as well as a separate document containing a complete list (per the instructions in the three (3) paragraphs directly below) of all trade secret information which was removed or blacked out in the redacted copy.

Paragraph 28 of the Solicitation Instructions to Vendors describes trade secrets to “include a formula, pattern, compilation, program, computer program, device, method, technique or process that derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by other persons and is subject to the efforts that are reasonable under the circumstances to maintain its secrecy.” In addition to marking each page of the document with a trade secret notation (as applicable; and as provided in Paragraph 28 of the Solicitation Instructions to Vendors), Bidders must also:

Identify with particularity the precise text, illustration, or other information contained within each page marked “trade secret” (it is not sufficient to simply mark the entire page). The specific information you deem “trade secret” within each noted page must be highlighted, italicized, identified by asterisks, contained within a text border, or otherwise clearly delineated from other text/information and specifically identified as a “trade secret.”

Provide a separate document entitled “List of Redacted Trade Secret Information” which provides a succinct list of all trade secret information noted in your Bid; listed in the order it appears in your submittal documents, identified by Page #, Section #/Paragraph #, Title of Section/Paragraph, specific portions of text/illustrations; or in a manner otherwise sufficient to allow the State’s procurement personnel to determine the precise text/material subject to the notation. Additionally, this list must identify with each notation the specific basis for your position that the material be treated as exempt from disclosure.

AWARD

Award will be made by district (see Attachment 4 IDOC District Map )to the responsive responsible Bidder with the lowest Total Cost for that district, as provided on the Bid Schedule. Bidders are not required to bid on all districts to be considered for award but must bid on all lines in a district to be considered for award of that district.

Note: In the event of conflict with the State’s Standard Terms and Conditions, or other terms, conditions or requirements contained in this ITB, the following provisions will take precedence:

Training Contractor must train IDOC staff in the use of any online or software systems used to track or report testing results upon finalization of an awarded contract and at least quarterly thereafter upon request.

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Reporting requirements Upon request, Contractor must provide a report including pass/fail data for any IDOC clients served under the resulting contract.

Test results are preferred via email in addition to a secure site/portal or dashboard, accessible by multiple IDOC staff and members of the clients support team. If a secure site or dashboard is used, Contractor is required to provide training to each district’s staff on the proper use of such.

Location of Services Contractor must provide safe and sanitary location(s) for testing services. Testing must be provided at contractor’s site except when not feasible and agreed upon by IDOC. Locations must be in reasonable proximity to one of IDOC’s Seven District office Sites (See Attachment 4 IDOC District Map )

If travel is required due to an agreed-upon alternate testing location, mileage shall be reimbursed per the State of Idaho travel reimbursement policy. All travel expenses must be approved in writing by IDOC prior to incurring costs.

Price Adjustment Clause Prices must be firm for six (6) months from the effective date of the Contract. A price adjustment may be considered two (2) times per year thereafter. If a price adjustment is requested, the Contractor must notify DOP and IDOC in writing as further detailed below.

The Contractor must:

· provide a letter identifying the line item(s) of the Contract, the amount of the increase for each item, and a detailed reason for the increase.

· provide supporting documentation such as letters from suppliers, price index, etc.

Increases will be limited to the actual increases to the Contractor that are applicable industry wide.

Price increases will not be effective until an Amendment to the Contract is agreed to by the parties and executed by DOP.

Experience The Contractor must have been providing these services for a minimum of two (2) years. Provide a statement confirming that contractor has the minimum two (2) years of experience.

Records Maintenance Contractor shall maintain or supervise the maintenance of all records necessary to properly account for all payments made to the Contractor pursuant to the Contract. These records shall be retained by the Contractor for at least three (3) years after the Contract terminates, or until all audits initiated within the three (3) years have been completed, whichever is later.

Audit Rights The Contractor agrees to allow State and Federal auditors and State purchasing staff access to all the records relating to this Contract, for audit, inspection, and monitoring of services or performance. Such access will be during normal business hours or by appointment.

Insurance Prior to starting work under the contract (or as otherwise designated by the Purchasing Activity), the Contractor must provide certificates of insurance required herein and will maintain the insurance during the life of the Contract. There are no provisions for exceptions to this requirement. Failure to provide the certificates of insurance within the requisite time period may be cause for cancellation of the contract.

Contractor shall carry liability and property damage insurance that will protect it and the State of Idaho from claims for damages for bodily injury, including accidental death, as well as for claims for property damages, which may arise from operations under the Contract whether such operations be by themselves or by anyone directly or indirectly employed by either of them.

Contractor shall not commence work under the Contract until it obtains all insurance required under this provision and furnishes a certificate or other form showing proof of current coverage to the State. All insurance policies and certificates must be signed copies. After work commences, Contractor will keep in force all required insurance until the Contract is terminated.

Commercial General and Umbrella Liability Insurance. Contractor shall maintain Commercial General Liability (CGL) and, if necessary, Commercial Umbrella insurance with a limit of not less than $1,000,000 each occurrence. If such CGL insurance contains a general aggregate limit, it shall apply separately to this Contract.

CGL insurance shall be written on ISO occurrence form CG 00 01 (or a substitute form providing equivalent coverage) and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract).

Commercial Automobile and Commercial Umbrella Liability Insurance. Contractor shall maintain Commercial Automobile Liability and, if necessary, Commercial Umbrella Liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any auto (including owned, hired, and non-owned autos).

Bidder or offeror may request a waiver from providing Commercial Automobile and Commercial Umbrella Liability Insurance in its bid or proposal if the bidder or offeror will not use any owned, hired or non-owned vehicles to conduct business under the contract, if it is awarded the contract, and the State of Idaho will consider the request. If the bidder or offeror submits a request to waive the provision of Commercial Automobile and Commercial Umbrella Liability Insurance after the due date and time for receipt of bids or proposals, the State of Idaho may not consider the request.

Workers Compensation Insurance and Employer's Liability. Contractor shall maintain workers compensation and employer's liability. The employer's liability shall have limits not less than $1,000,000 each accident for bodily insurance by accident, $1,000,000 disease policy limit, and $1,000,000 disease, each employee.

Contractor must provide either a certificate of workers compensation insurance issued by a surety licensed to write workers compensation insurance in the State of Idaho, as evidence that the contractor has in effect a current Idaho workers compensation insurance policy, or an extraterritorial certificate approved by the Idaho Industrial Commission from a state that has a current reciprocity agreement with the Idaho Industrial Commission.

State of Idaho as Additional Insured: The liability insurance coverage required for performance of the Contract shall include the State of Idaho, the (agency) and its divisions, officers and employees as additional insured, but only with respect to the Contractor's activities to be performed under this Contract.

The Contractor must provide proof of the State of Idaho, the (agency) and its divisions, officers and employees being additional insured by providing endorsements to the liability insurance policies showing the State of Idaho, the (agency) and its divisions, officers and employees as additional insured. The endorsements must also show the policy numbers and the policy effective dates.

If a liability insurance policy provides for automatically endorsing additional insured when required by contract, then, in that case, the Contractor must provide proof of the State of Idaho, the (agency) and its divisions, officers and employees being additional insured by providing copies of the policy pages that clearly identify the blanket endorsement.

Notice of Cancellation or Change: Contractor shall ensure that should any of the above described policies be cancelled before the expiration date thereof, or if there is a material change, potential exhaustion of aggregate limits or intent not to renew insurance coverage(s), that written notice will be delivered to the Division of Purchasing (if the Contract was issued by the Division) or to the Purchasing Activity (contracting state agency) in accordance with the policy provisions.

Contractor shall request that all policies of insurance are endorsed to read that any failure to comply with the reporting provisions of this insurance, except for the potential exhaustion of aggregate limits, shall not affect the coverage(s) provided to the State of Idaho, and its divisions, officers and employees.

Acceptable Insurers and Deductibles: Insurance coverage required under the Contract shall be obtained from insurers rated A-VII or better in the latest Bests Rating Guide and in good standing and authorized to transact business in Idaho. The Contractor shall be financially responsible for all deductibles, self-insured retention's and/or self-insurance included hereunder. The coverage provided by such policy will be primary to any coverage of the State on or related to the contract and shall provide that the insurance afforded applies separately to each insured against whom a claim is made, except with respect to the limitation of liability.

Waiver of Subrogation: All policies shall contain waivers of subrogation. The Contractor waives all rights against the State and its officers, employees, and agents for recovery of damages to the extent these damages are covered by the required policies. Policies may contain deductibles but such deductibles will not be deducted from any damages due to the State.

Contractor shall maintain Cyber Insurance covering claims resulting from wrongful acts committed in the performance of, or failure to perform, all services under the agreement, including, without limitation, claims, demand and any other payments related to electronic or physical security, breaches of confidentiality and invasion of or breaches of privacy. This coverage is to include Internet Media Liability including cloud computing and mobile devices, for protection of private or confidential information whether electronic or non-electronic, network security and privacy; privacy against liability for system attacks, digital asset loss, denial or loss of service, introduction, implantation or spread of malicious software code, security breach, unauthorized access and use; including regulatory action expenses; and notification and credit monitoring expenses with at least the minimum limits listed below.

Each Occurrence – $1,000,000 Network Security / Privacy Liability –$1,000,000 Breach Response/ Notification Sublimit – A minimum limit of 50% of the policy aggregate

ITB # 391 Urine Analysis IDOC

ATTACHMENT 1 – BIDDER QUESTIONS

PLEASE DO NOT IDENTIFY YOUR NAME OR YOUR COMPANY’S NAME OR PRODUCT NAMES OF INTELLECTUAL PROPERTY IN YOUR QUESTIONS.

ADD ROWS BY HITTING THE TAB KEY WHILE WITHIN THE TABLE AND WITHIN THE FINAL ROW.

The following instructions must be followed when submitting questions using the question format on the following page.

1. DO NOT CHANGE THE FORMAT OR FONT. Do not bold your questions or change the color of the font.

2. Enter the ITB section number that the question is for in the “ITB Section” field (column 2). If the question is a general question not related to a specific ITB section, enter “General” in column 2. If the question is in regards to a State Term or Condition or a Special Term or Condition, state the clause number in column 2. If the question is in regard to an attachment, enter the attachment identifier (example “Attachment A”) in the “ITB Section” (column 2), and the attachment page number in the “ITB page” field (column 3).

3. Do not enter text in the “Response” field (column 5). This is for the State’s use only.

4. Once completed, this form is to be e-mailed per the instructions in the ITB. The e-mail subject line is to state the ITB number followed by “Questions.”

ITB # 391 Urine Analysis IDOC Page 12

ATTACHMENT 3 – Scope of Work

These specifications are the minimum mandatory specifications that your Bid must meet in order for the State to consider your Bid for award. Restate each specification listed in this section in which your bid deviates, followed by your response demonstrating that your Bid meets or exceeds the required specifications; provide model, part #, or description, as appropriate.

1. General Requirements Contractor must:

Hire, train, and supervise personnel providing services to comply with best practice substance testing collection standards.

Provide random, observed (same sex) drug and alcohol testing via urine analysis (UA) as required by the IDOC’s Probation and Parole. Contractor may request a fixed amount reimbursement per no-show IDOC client.

Provide a minimum standard five (5) Panel test and as requested provide a standard seven (7) panel or more test as required by IDOC per the clients needs. Contractor must have the ability to provide any add-ons to the standard test as needed, which must includeincluding but not limited to fentanyl and alcohol.

Send positive test to a laboratory for further testing upon the IDOC’s request. Actual cost of laboratory testing must be billed to IDOC as part of the Contractors invoice, costs must be the contractors actual cost, no markup shall be allowed. IDOC reserves the right to request contractors’ invoice for the actual cost of laboratory testing with monthly invoice.

Provide varied, extended and consistent testing hours, to include regular business hours and two or more random early mornings (6am-9am), three or more random early evenings (5pm to 8pm), and at least 4 hours on one weekend day. Random days must be selected in a way that prevents clients from establishing a pattern of consistent testing times.

Coordinate testing services with the clients DIOC probation/parole officer and provide results with twenty four (24) hours of testing.

Order, purchase, supply, and pay for all testing supplies for the required testing; including but not limited to: lab forms, lab shipping and postage, cost of lab testing, instant urinalysis devices, cups and lids, and specialized female collection cups.

Provide a computerized randomizer managed by the contractor to select testing days and times on a frequency schedule approved by IDOC. The probability of being tested in the evening and on weekends must be the same as on any other days and times.

Be responsible for following best practices to reduce the risk of the participant providing an adulterated, tampered, or substitute specimen.

Retain the client’s sample for a period of time as agreed upon by IDOC.

Cooperate with IDOC in fulfilling all legal and client medical record requests.

1. Agency Responsibilities The IDOC will be responsible for:

Providing a list of clients including their drug/alcohol testing requirements and testing frequency; and Communicating to contractor when additional laboratory testing is required.

ATTACHMENT 4 – IDOC District Map image2.png image1.png