STATE OF IDAHO

IDAHO DEPARTMENT OF HEALTH & WELFARE

Invitation to Bid (ITB) KITB2601 / IPRO ITB1323

Controlled Substance and Alcohol Testing Services in Region 1

Date of Issuance: 08/06/2026

TABLE OF CONTENTS

ITB Administrative Information

Services in Region 1

ITB Lead:

Signe Jensen Grants/Contracts Officer signe.jensen@dhw.idaho.gov

Submit sealed Bid to:

Submit electronically via IPRO

Electronic Submission:

IPRO LOGIN

Mountain Time

Microsoft Teams Meeting ID: 215 622 829 639 882 Passcode: nu6Zq3BU

PURPOSE

The Idaho Department of Health and Welfare, Division of Child Youth and Family services (Department) is requesting quotes for Controlled Substance and Alcohol Testing Services within the Department’s Region 1 Services Area, as further detailed below.

The Department may award one (1) or more locations to a single Contractor or make partial awards to different Contractors to ensure regional coverage.

GENERAL INFORMATION, solicitation instructions, standard terms and conditions AND SPECIAL TERMS AND CONDITIONS This Solicitation is issued by the state of Idaho (the “State”) via IPRO:

(https://purchasing.idaho.gov/vendor-resources/). The ITB Lead is the only contact for this Solicitation. All correspondence regarding this ITB must 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 must 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.

The current version of the Solicitation Instructions to Vendors is incorporated by reference into this Solicitation, and attached or referenced in any resulting Contract, as if set forth in their entirety. This document can be downloaded at https://purchasing.idaho.gov/vendor-resources/; or copies obtained by contacting the Division of Purchasing at 208-327-7465 or purchasing@adm.idaho.gov. Failure by any Bidder to obtain a copy of this document or the State of Idaho Contract Terms and Conditions with Article 6 - Attachment 2 shall in no way constitute or be deemed a waiver by the State of any term, condition or requirement contained in the referenced documents; and no liability will be assumed by the Department for an Bidder’s failure to consider the State of Idaho Standard Contract Terms and Conditions and Solicitation Instructions to Vendors in preparing its response to the solicitation.

SPECIAL TERMS PRECEDENCE: The State of Idaho Contract Terms and Conditions with Article 6 have been adapted for use by the Department of Health and Welfare and are included with this Solicitation as Attachment 2.

For the purposes of this Solicitation and the resulting Contract, the term “Bidder” and “Contractor” are used interchangeably. The resulting Contract will refer to “Contractor.”

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.

Any questions regarding the State of Idaho Standard Contract Terms and Conditions found in this ITB (Attachment 2) 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.

3.1 Vendor Proposed Modifications and Exceptions to Requirements, Terms, and Conditions.

3.1.1 In the event that a Bid contains modifications or exceptions to any Solicitation requirements, terms, or conditions, they must be identified and submitted on (Attachment 4) – Modification and Exception Form, and must contain the following:

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

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

1. 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.

0. The State will not consider any modifications or exceptions that are not identified specifically on (Attachment 4) – Modification and Exception Form and submitted after the Question deadline.

0. The State has sole discretion to determine if the modifications or exceptions submitted by a Bidder would result in a material change or otherwise threaten the integrity of the procurement process. Pursuant to IDAPA 38.05.01.084, the State may only negotiate non-material modifications or exceptions. Modifications or exceptions which the State determines to be material, or which otherwise threaten the integrity of the procurement process, will not be accepted or negotiated.

0. Except as otherwise provided within the Solicitation, the State will not consider modifications or exceptions to the requirements, terms, or conditions which are proposed after the ITB Question deadline.

0. Discussions with individual Bidders (including the utilization of one or more rounds of Best and Final Offers [BAFO] and/or Negotiations) solely related to sections 3.1 through 3.1.5 may be conducted in accordance with IDAPA 38.05.01.083 and .084, as determined by the State to be in its best interest. NOTE: Bidders should submit their best Bids initially as there is no guarantee that the State will conduct any discussions.

0. 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 of Idaho Contract Terms and Conditions with Article 6, will be found non-responsive, and no further consideration of the Bid will be given.

RESERVED

BACKGROUND

The Department's Division of Child, Youth, and Family Services (CYFS) is committed to ensuring the safety and well-being of children served through the child welfare system by promoting family-centered practices. As part of this commitment, the Department provides controlled substance and alcohol testing services for children and family participants involved in child welfare cases.

These services are provided to individuals referred by the Department and support the Department's efforts to assess the impact of controlled substance and alcohol use on a family's ability to provide safe and appropriate care for children. The results of these services assist the Department in making informed decisions regarding child safety, family preservation, and service planning for families receiving child welfare services.

ORGANIZATION, KEY PERSONNEL AND QUALIFICATIONS

Location(s) of brick-and-mortar drug testing facility(ies) within the county(ies) for which you intend to submit a bid.

Address, including the county, of the primary brick-and-mortar drug testing facility.

6.1.2 Addresses, including the county of any additional brick-and-mortar drug testing facilities within the county.

This is a pass/fail requirement. Upload a separate document containing the facility(ies) location information in the appropriate question section of IPRO.

7. SPECIFICATIONS / scope of work The Scope of Work (SOW) is the services the Department requires your company to provide when the Contract is awarded.

b. Relate to all cultural, ethnic, socio-economic groups, and lifestyles; and

c. Interact with Department-referred clients in a supportive and non-discriminative manner.

2. Ensure that the Department is payer of last resort when clients have alternate funding available.

3. Provide interpretation and translation services to Department-referred non-English speaking families within twenty-four (24) hours of referral and accommodate individuals with special needs and/or disabilities. Such situations may require collaboration with the Department-referring worker.

a. Be available for Department-referred testing during the following times:

i. 8:00 a.m. to 5:00 p.m. Pacific Time (PT ), Monday through Friday;

ii. Outside of 8:00 a.m. to 5:00 p.m. PT, Monday through Friday, when pre-arranged by the Department with the Contractor, including pre-arranged weekend hours; and

iii. Testing is not required on state holidays. (See https://www.idaho.gov/government/state-holidays/ for holiday listing.)

b. Be Americans with Disabilities Act compliant.

c. Meet federal, state and local requirements for safety, fire prevention, health and sanitation.

2. Location Two (2), Bonner County: One (1) facility located within fifteen (15) miles from the Department office at 207 Larkspur Street Ponderay, Idaho 83852 and must:

a. Be available for Department-referred testing during the following times:

i. 8:00 a.m. to 5:00 p.m. PT , Monday through Friday;

ii. Outside of 8:00 a.m. to 5:00 p.m. PT, Monday through Friday, when pre-arranged by the Department with the Contractor, including pre-arranged weekend hours; and

iii. Testing is not required on state holidays. (See https://www.idaho.gov/government/state-holidays/ for holiday listing.)

b. Be Americans with Disabilities Act compliant.

c. Meet federal, state and local requirements for safety, fire prevention, health and sanitation.

3. Location Three (3), Shoshone County: One (1) facility located within fifteen (15) miles from the Department office at 35 Wild Cat Way, Kellogg, Idaho 83837 and must:

a. Be available for Department-referred testing during the following times:

i. 8:00 a.m. to 5:00 p.m. PT, Monday through Friday;

ii. Outside of 8:00 a.m. to 5:00 p.m. PT, Monday through Friday, when pre-arranged by the Department with the Contractor, including pre-arranged weekend hours; and

iii. Testing is not required on state holidays. (See https://www.idaho.gov/government/state-holidays/ for holiday listing.)

b. Be Americans with Disabilities Act compliant.

c. Meet federal, state and local requirements for safety, fire prevention, health and sanitation.

2. A written verification that all employees who may have direct contact with Department-referred family members have completed and passed the criminal history background check according to the Idaho Background Check Unit requirements located in the Riders section of the Contract, within ten (10) business days following the effective date of the Contract.

B. The Contractor must be available for an initial orientation meeting with the Department's designated staff, at a mutually agreed upon date and time by the Department and the Contractor, within ten (10) business days following the effective date of the Contract. The focus of the orientation meeting will be on topics for maintaining successful outcomes of the Contract, including, but not limited to, testing and processing services outlined in the Contract, the client referral and receiving process, the client referral forms, and required reports.

2. Require legal form of photo identification, such as a state driver’s license, state-Issued identification card, passport, and/or Permanent Resident Card, of client before testing.

3. Ensure that the tests are performed by a certified lab.

4. Ensure that the tests are performed only after being approved by the Department. The Department will not be obligated to pay for tests that have not been approved.

b. Test results must be sent as an email attachment to the Department-referring worker or made available on a designated web-based notification system.

b. All non-negative drug test results must include the exact concentration of the controlled substance, reported in nanograms, and all positive alcohol test results must include the measured alcohol concentration.

7. Upon Department request, ensure all positive results are reviewed by a medically qualified reviewer, such as a physician or specialist who has certification and expertise in this area.

8. Provide on-site responses to perform surface swab drug detection tests when the Department assesses situations for safety of children.

b. Multi-drug panel saliva test which includes, but is not limited to, opiates, THC, amphetamines, methamphetamine, cocaine, and benzodiazepines. Instant device tests are acceptable;

c. Hair follicle tests that includes, but is not limited to methamphetamine, amphetamines, cocaine codeine, morphine, and THC;

d. Ethyl glucuronide (ETG) alcohol urine test;

e. Surface swab drug detection tests;

f. Test for spice;

g. Test for bath salt; and

h. Extended Opiate Testing. Opiate testing must include, but not be limited to codeine, morphine, hydrocodone, methadone, oxycodone, and fentanyl but may also include other opiates such as hydromorphone, buprenorphine, propoxyphene, and 6-Acetylmorphine.

10. Use only single urine samples for testing. Split samples must not be used.

b. Signature of observer;

c. Location; and

d. Date and time of observation.

2. Retain paperwork confirming lab results and verification of chain of evidence on all samples taken for six (6) years.

2. Consultation services must include answering Department questions regarding testing referrals and test results related to specific clients. Consultation may be done over the phone, face to face, and/or other remote conferencing technology.

2. Ensure that up to two (2) certified expert witnesses are available to testify. The needs of the respective case would determine if one (1) or two (2) expert witnesses are needed.

3. Provide the qualifications and resumes for intended expert witnesses to the Department upon request.

2. Maintain documentation for current drug testing standards, policies, and procedures, including, but not limited to manuals and internal controls, that ensure accuracy of drug testing.

3. Not provide test results to additional parties unless, and only after, a client-signed release is obtained.

2. Department-referred client safety concerns and/or any special preparation and planning needs for such clients.

3. Training of current and new Contractor personnel who are responsible for providing the Contract services, to ensure their understanding of the Contract requirements, for example: current testing standards; policies, procedures and manuals; internal controls; and other processes that ensures the accuracy and integrity of drug testing.

4. Client information security.

5. General monitoring of the services by the Contractor.

X. Transition Plan A. The Contractor must work with the Department to agree upon a final Transition Plan upon early Contract termination or ninety (90) calendar days prior to expiration of the Contract, whichever comes first. The Transition Plan must include a description of the process for ensuring smooth transition of program services, transfer of program materials and documentation either to the Department or to another contractor upon termination or expiration of the Contract.

2. The Contractor may be asked to provide a mobile service vehicle, if available, for testing in remote/rural areas of Region 1. Such testing will be determined by the Department as the need arises and scheduled with the Contractor seventy-two (72) hours in advance.

a. The Department will pay for travel time in fifteen (15)-minute increments. Travel time must be invoiced to the Department according to the Cost/Billing Procedure section and must be for Department designated travel only as follows:

i. If the Contractor's point of departure is from the Contractors brick and mortar testing facility, time must be counted roundtrip to the appointed destination and back, applying the lesser of time stated by Google Maps or the Contractor's measurement.

ii. If the Contractor's point of departure is not the Contractor's brick-and-mortar testing facility, travel time must be calculated on a round-trip basis from the closest Department location listed in the SOW, Sections II.A.1–3, to the designated destination and back, and apply the lesser of time stated by Google Maps or the Contractor's measurement.

8. COST AND BILLING PROCEDURE

See IPRO. Download the Excel spreadsheet titled “KITB2601_IPRO ITB 1323_Appendix A - Bid Schedule” found in the Question Section of the related ITB on IPRO. Complete the spreadsheet, upload it back into the appropriate Question Section on IPRO.

Part 1. COST:

The Contract resulting from this ITB will be a FIXED UNIT COST, INDEFINITE QUANTITY Contract.

The Bidder must provide a fully-burdened rate which must include, but not be limited to, all operating and personnel expenses, such as: overhead, salaries, administrative expenses, profit, implementation, transition, translation and interpretation, quality improvement, fuel, insurance and supplies.

Costs must remain firm throughout the life of the Contract, unless otherwise agreed to by the Department and modifications will only be considered under extenuating circumstances.

The "Estimated Number of Units" shown in each cost matrix found in the Question Section of this ITB posting in IPRO is the Department's best estimate of units that may be experienced during the first year of the Contract for that location. Estimated quantities are for evaluation and award purposes and are not binding on the Department. Bidders must input their Cost Per Unit information (numbers only) in the blue cells for the location(s) they want to place a bid on. The Total Cost of Service will be automatically calculated by multiplying the Cost Per Unit by the Estimated Number of Units. This is the total amount proposed for performing all requirements under the Contract for that location for one (1) year. The FIVE (5) YEAR CONTRACT TOTAL amount will automatically populate. This is the total amount bid for the full five (5) years of the Contract for that location.

If submitting a Bid for:

· Location One (1): One (1) facility located within fifteen (15) miles from the Department office at 1120 Ironwood Dr, Coeur d’Alene, Idaho 83814: Enter $0 into line item 1 in IPRO.

· Location Two (2): One (1) facility located within fifteen (15) miles from the Department office at 207 Larkspur Street, Ponderay, Idaho 83852: Enter $0 into line item 2 in IPRO.

· Location Three (3): One (1) facility located within fifteen (15) miles from the Department office at 35 Wild Cat Way, Kellogg, Idaho 83837: Enter $0 into line item 3 in IPRO.

Complete the cost matrix only for the location(s) you want to bid on. If submitting a bid for multiple locations, the Bid Schedule for each location must be completed and uploaded into IPRO. Each location’s Contract will be awarded independently. For example, if Bidder A places bids on Locations One (1) and Three (3), and they are the low bidder on Location One (1) but not on Location Three (3), they would be eligible for the Contract for Location One (1) but not Location Three (3).

Bidders must not alter the format of, or any numbers contained in, any matrix. Any Bid not complying with this requirement will be deemed non-responsive and will receive no further consideration for award of a Contract.

Part 2. Billing Procedure:

The Contractor must provide a signed monthly invoice and the respective report as required in the report section of the Contract within ten (10) business days after the end of the billing period. No invoice will be accepted or paid without required report. The invoice must include, but not be limited to:

· All Contractor services delivered during the billing period, identified by each item as reflected in the cost matrix;

· Office where service was provided;

· Total hours per office;

· Total amount billed for the billing period;

· Dates of service;

· Invoice number or unique identifier from the Contractor; and

· Contactor's name, address, phone number, e-mail address and Contract number.

Invoices and reports are to be submitted to: [information will be provided in the resulting Contract]

Final invoices and reports must be submitted to the Department no later than thirty (30) calendar days after the Contract expiration date. Invoices received without the required report(s)/documentation will be returned to the Contractor for their resubmission with the final report(s)/documentation.

9 SUBMISSION REQUIREMENTS

9.1 Required Bid Submission Items

Your Bid Submission must consist of the following:

9.1.1 Bid Schedule

See IPRO. Download the Excel spreadsheet titled “KITB2601/ IPRO ITB 1323_Appendix A - Bid Schedule” found in the Question Section of the related ITB on IPRO. Complete the spreadsheet, fill in all required fields for the location(s) you want to bid on (if value is zero [0], input zero), upload it back into the appropriate Question Section on IPRO. Do not submit your Bid on any other form. Submitting your Bid on a form different than the Bid Schedule will cause your Bid to be rejected as non-responsive.

9.1.2 State Signature Page

The State Signature Page must be completed and submitted as part of your Bid. The State Signature Page is Attachment 3.

9.1.3 Cover Form

The Cover Form must be completed and submitted as part of your Bid. The Cover Form is Attachment 5.

9.1.4 Acknowledgement of Amendments

If the ITB is amended, the Bidder must acknowledge each amendment with a signature on the acknowledgement form provided with each amendment. Failure to return a signed copy of each amendment acknowledgement form with the Bid may result in the Bid being found non-responsive. See IDAPA 38.05.01.52.

10 BID SUBMISSION Methods Bids MUST be through IPRO, at https://sms-idaho-prd.tam.inforgov.com/fsm/SupplyManagementSupplier/page/XiSupplyManagementSupplierPage?csk.SupplierGroup=LUMA. Do not fax or e-mail your Bid. Your Bid must be received by the date and time specified on the IPRO header document.

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.

10.1 Per IDAPA 38.05.01.072, any bid or proposal, withdrawal, or modification received after the time and date set for closing at the place designated in the solicitation is late. No late bid or proposal, late modification or late withdrawal will be considered.

10.2 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.

1. AWARD

Award will be made to the responsive responsible Bidder(s) with the lowest Five (5) Year Total Cost for each location, as provided on the Bid Schedule. If a Bidder submits a bid for multiple locations, it does not mean that they will be awarded contracts for each. Bidders are not required to bid on all items on the Bid Schedule. Bidders that do not bid on items will not be considered for award for that location. The Department may award multiple Contracts from this ITB.

11.1 As part of the award process the apparent successful Bidder may be contacted and requested to meet with the Department and provide additional information sufficient to determine their responsibility.

11.1.1 Pursuant to IDAPA 38.05.01.081, the ITB Lead may, in the State’s sole discretion, conduct a review to determine if the apparent successful Bidder is responsible. As part of the responsibility review, the ITB Lead may require the apparent successful Bidder to provide financial reports to the satisfaction of the State and may also seek to obtain completed reference questionnaires from Bidder’s references to the satisfaction of the State. Nothing herein shall prevent the State from using other means to determine Bidder’s responsibility.

11.2 Bids that do not meet the requirements of the ITB may be found non-responsive and NOT BE CONSIDERED FOR AWARD.

11.3 The Department reserves the right to require the apparent successful Bidder to demonstrate that its product meets or exceeds the requirements and specifications included in this ITB in order to be considered for award. If the Department chooses to exercise this right, the apparent winning vendor shall have one week, upon notification, to perform an on-site demonstration showing their system can perform the necessary functions to achieve Department requirements of a fully functioning system. The demonstration will be pass/fail and determined solely at the discretion of the Department. If the apparent successful bidder fails the demonstration, they may be found non-responsive and not considered for award and the Department may award to the next lowest responsive responsible bidder.

Reporting requirements

Report Description:

Monthly Statistical Report - The report must summarize/document all cases referred, services provided, and outcome of results detailed by each client referred and submitted with each invoice supporting the charges detailed. Client information must include client name, client date of birth, and referring social worker.

Report Format:

Excel Spreadsheet Report Due Date:

Within ten (10) business days after the end of the billing period.

Subcontractors The Contractor may subcontract as needed with the Department’s approval.

The Contractor must be responsible for any work or product that is produced and delivered to the Department under the Contract whether produced solely or in part by the Contractor or subcontractor.

The Contractor must be the sole point of contact regarding any and all contractual matters. The Department will only pay the Contractor and will not pay subcontractors directly.

13.1 If the Bidder intends to subcontract all or part of the contracted services:

Describe the extent to which subcontractors will be used to comply with Contract requirements.

Include each position providing service and provide a detailed description of how the subcontractors are anticipated to be involved under the Contract (including requisite qualifications/experience).

If applicable, provide resumes for those subcontractors who will be managing and or directly providing services under the Contract.

Name the location of the subcontractor’s business office and the location(s) of where the actual work will be performed.

Insurance Requirements Within five (5) days of notification of award the apparent successful Bidder shall provide certificates of insurance required herein and shall 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 five (5) business day period may be cause for your Bid to be declared non-responsive or for your Contract to be cancelled.

For the term of the Contract and until all services specified in the Contract are completed, the Contractor must maintain in force, at its own expense, the following insurance.

· Commercial General Liability Insurance and, if necessary, Commercial Umbrella Liability Insurance with a limit of not less than one million dollars ($1,000,000) each occurrence and two million dollars ($2,000,000) in general aggregate. Insurance required by this section must name the State of Idaho and Department of Health and Welfare as an additional insured.

· Commercial Automobile Liability Insurance and, if necessary, Commercial Umbrella Liability Insurance with a limit of not less than one million dollars ($1,000,000) each accident. Such insurance must cover liability arising out of any auto incident (including owned, hired, and non-owned autos). Insurance required by this section must name the State of Idaho and Department of Health and Welfare as an additional insured.

· Professional Liability Insurance - If the contracted professional is licensed or certified (i.e., architect, consultant, paramedic, attorney, engineer, etc.) or if the information developed by the professional may be used in a decision-making process within the institution that could create a liability (i.e., clinical trials, building construction, etc.), consultant must maintain Professional Liability insurance (Errors and Omissions[E&O]) with minimum limits of one million dollars ($1,000,000) per claim and two million dollars ($2,000,000) in the aggregate, on an occurrence form.

If the consultant maintains broader coverage and/or higher limits than the minimums shown above, the State requires and must be entitled to the broader coverage and/or higher limits maintained by the consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage must be available to the State.

· Sexual Abuse Molestation (SAM) Coverage - Contractor shall maintain SAM coverage with a limit of not less than one million dollars ($1,000,000) per occurrence. The policy shall cover any and all claims, suits, or damages arising out of actual, perceived, or threatened physical abuse, mental injury, sexual molestation, negligent: hiring, employment, supervision, training, investigation, reporting to proper authorities, and retention of any person for whom the Contractor is responsible including but not limited to Contractor and Contractor's employees and volunteers. Policy endorsement's definition of an insured shall include the Contractor, and the Contractor's employees and volunteers. Coverage shall include the cost of defense. The cost of defense shall be provided outside the coverage limit.

· Cyber Liability Insurance 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 as listed below:

Each Occurrence – three million dollars ($3,000,000) Network Security / Privacy Liability – three million dollars ($3,000,000) Breach Response/ Notification Sublimit – A minimum limit of fifty percent (50%) of the policy aggregate Technology Professional E&O – three million dollars ($3,000,000). (Only applicable for Contractors supplying Information Technology [IT] consulting services).

The Contractor must defend, indemnify, and hold harmless the State of Idaho, its agencies, directors and employees for all claims resulting from wrongful acts or omissions 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.

· Workers Compensation Insurance and Employer's Liability. The Contractor must maintain Workers Compensation and Employer's Liability. The Employer's Liability must have limits not less than one million dollars ($1,000,000) each accident for bodily insurance by accident, one million dollars ($1,000,000) disease policy limit, and one million dollars ($1,000,000) disease, each employee.

The 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.

If coverage is not available on an occurrence basis, coverage must be provided on a claims-made basis. For claims made policies the retroactive date must be shown and must be before the date of the Contract or the beginning of Contract work; insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of the Contract of work; if coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of three (3) years after completion of Contract work.

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.

Prior to performing any services, the Contractor must provide an ACORD Certificate of Insurance (ACORD 25) to the Department. The Contractor is also required to maintain current certificates on file with the Department and to provide updated certificates upon request. Failure to provide the required certificates of insurance shall constitute a default under this Contract and upon such failure the Department may, at its option, terminate the Contract. Insurance required by this section must be policies or contracts of insurance issued by insurers approved by the Department. Should any of above described policies be cancelled before the expiration date thereof, notice must be delivered in accordance with the policy provision.

Send updated certificates to: DHWInsurance@dhw.idaho.gov

Additional Insured name and address:

State of Idaho and Department of Health and Welfare Contracting & Procurement Services Unit -- 9th Floor 450 West State Street Boise, ID 83702 other riders as necessary

Certification Regarding Environmental Tobacco Smoke

The Pro-Children Act of 1994 (20 U.S.C. § 6081-84) prohibits smoking in facilities, or in some cases portions of facilities, where certain federally funded services are provided on a routine or regular basis for children under the age of 18. The Act applies if funds are being provided through an applicable federal grant, loan, loan guarantee, or contract.

The law applies to public elementary and secondary education and library facilities. It also applies to facilities used for the Head Start program, the WIC program (the supplemental food and nutrition program for women and children), and certain health care services for children.

The smoking prohibition does not apply to private residences, to service providers whose sole source of federal funds is Medicare or Medicaid, or to portions of facilities used for inpatient treatment of individuals who are dependent on or addicted to drugs or alcohol.

Civil money penalties, not exceeding $1000 for each day of violation, not exceeding the amount of applicable federal funds received, may be imposed for non-compliance. Also, federal funds may be withheld, or the award may be terminated. Recipients must certify, as a condition for receiving applicable federal funds, that smoking will not be permitted within facilities, or portions of facilities, covered by the Act.

By signing the Contract, the Contractor certifies that it will comply with the requirements of the Act and will not allow smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act. The Contractor shall include the language of this certification in any subcontract that contains provisions for children's services and shall ensure that all subcontractors shall certify accordingly.

Criminal History Background Checks

IDAPA 16.05.06 Rules Governing Mandatory Criminal History Checks -- These rules have been established to assist in the protection of children and vulnerable adults by requiring criminal history checks for individuals (Contractors, Contractor's employees and all subcontractors) who provide care or service that are financially supported, licensed or certified by the Department of Health and Welfare.

Contractors, Contractor's employees and all subcontractors are required to complete a criminal history and background check pursuant to IDAPA 16.05.06. Those who have had a fingerprint based criminal history background check through their employment with the Department of Education, or their employment as a law enforcement officer may be exempt from the fingerprint-based check; however, the Contractor must complete at a minimum, an Idaho name based check through the Idaho State Police.

For information on how to obtain a Department of Health and Welfare criminal history and background check, please go to the Department's criminal history check website at http://chu.dhw.idaho.gov or call 1-800-340-1246.

KITB2601 / IPRO ITB1323 Controlled Substance and Alcohol Testing Services in Region 1

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.”

KITB2601 / IPRO ITB1323 Controlled Substance and Alcohol Testing Services in Region 1 Page 17

KITB2601 / IPRO ITB1323 Controlled Substance and Alcohol Testing Services in Region 1

Attachment 2-STATE OF IDAHO CONTRACT TERMS AND CONDITIONS WITH ARTICLE 6

STATE OF IDAHO CONTRACT TERMS AND CONDITIONS

ARTICLE 1 – GENERAL TERMS AND CONDITIONS

1.1. Definitions. Except as defined otherwise in this Contract, the following terms shall have the following meanings, whether capitalized or not, unless the context…