Multi-Step IFB Specimen Collections 3.12.2024.pdf

STATE OF MARYLAND

DEPARTMENT OF BUDGET AND MANAGEMENT

(DBM)

MULTI-STEP INVITATION FOR BIDS (MS-IFB)

SPECIMEN COLLECTIONS

IFB NUMBER BPM036960

ISSUE DATE: MARCH 12, 2024

NOTICE

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

(eMMA) https://procurement.maryland.gov should register on eMMA. See Section 4.2.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND

TO THIS SOLICITATION.

Specimen Collections Solicitation# BPM036960

MS-IFB Document

MS-IFB for Department of Budget and Management

NO BID NOTICE/VENDOR FEEDBACK FORM

To help us improve the quality of State solicitations, and to make our procurement process more responsive and business friendly, please provide comments and suggestions regarding this solicitation.

Please return your comments with your response. If you have chosen not to respond to this solicitation, please email or fax this completed form to the attention of the Procurement Officer (see Key Information Summary Sheet below for contact information).

Title: Specimen Collection Solicitation No: BPM036960

1. If you have chosen not to respond to this solicitation, please indicate the reason(s) below:

• Other commitments preclude our participation at this time

• The subject of the solicitation is not something we ordinarily provide

• We are inexperienced in the work/commodities required

• Specifications are unclear, too restrictive, etc. (Explain in REMARKS section)

• The scope of work is beyond our present capacity

• Doing business with the State is simply too complicated. (Explain in REMARKS section)

• We cannot be competitive. (Explain in REMARKS section)

• Time allotted for completion of the Bid is insufficient

• Start-up time is insufficient

• Bonding/Insurance requirements are restrictive (Explain in REMARKS section)

• Bid requirements (other than specifications) are unreasonable or too risky (Explain in REMARKS section)

• MBE or VSBE requirements (Explain in REMARKS section)

• Prior State of Maryland contract experience was unprofitable or otherwise unsatisfactory.

(Explain in REMARKS section)

• Payment schedule too slow

• Other: __________________________________________________________________

2. If you have submitted a response to this solicitation, but wish to offer suggestions or express concerns, please use the REMARKS section below. (Attach additional pages as needed.)

REMARKS:

Vendor Name: ________________________________ Date: _______________________

Contact Person: _________________________________ Phone (____) _____ - _________________

Address: ______________________________________________________________________

E-mail Address: ________________________________________________________________

STATE OF MARYLAND

DEPARTMENT OF GENERAL SERVICES (DGS)

KEY INFORMATION SUMMARY SHEET

Invitation for Bids Services – Specimen Collections

Solicitation Number: BPM036960

MS-IFB Issue Date: 03-12-2024

MS-IFB Issuing Office: Department of Budget and Management (DBM)

Procurement Officer: Brandford Quartey

45 Calvert Street

Annapolis, MD 21401 e-mail:

Office Phone:

brandford.quartey@maryland.gov

410-260-6014

Bids are to be sent to: Submit via eMaryland Market Advantage (eMMA)

Pre-Bid Conference: 03-19-2024 @ 10:00AM ET

Virtual Teleconference by Calendar Invitation from Procurement Officer Only see Attachment A for directions and instructions.

Questions Due Date and Time 03-28-2024 @ 2:00PM ET

Bid Due (Closing) Date and Time:

04-09-2024 @ 2:00PM ET

Bidders are reminded that a completed Feedback Form is requested if a no-bid decision is made (see page iv).

MBE Subcontracting Goal: 0%

VSBE Subcontracting Goal: 0%

Contract Type: Indefinite quantity with fixed unit prices.

Contract Duration: Three (3) Year base period with Two (2) one-year option periods.

Primary Place of Performance:

See Attachment S

SBR Designation: No

Federal Funding: No

TABLE OF CONTENTS – MS-IFB

1 Minimum Qualifications 7

2 Contractor Requirements: Scope of Work 8

2.1 Summary Statement 8

2.2 Background and Purpose 9

2.3 Responsibilities and Tasks 11

3 Contractor Requirements: General 24

3.3 Contract Initiation Requirements 24

3.4 End of Contract Transition 24

3.5 Invoicing 25

3.6 Liquidated Damages 28

3.7 Disaster Recovery and Data 28

3.8 Insurance Requirements 30

3.9 Security Requirements 31

3.10 Problem Escalation Procedure 37

3.11 SOC 2 Type 2 Audit Report 38

3.12 Experience and Personnel 38

3.13 Substitution of Personnel 40

3.14 Additional Clauses 44

4 Procurement Instructions 45

4.3 Pre-Bid Conference 45

4.4 eMaryland Marketplace Advantage (eMMA) 45

4.5 Questions 45

4.6 Procurement Method 46

4.7 Bid Due (Closing) Date and Time 46

4.8 Multiple or Alternate Bids 46

4.9 Receipt, Opening and Recording of Bids 46

4.10 Confidentiality of Bids / Public Information Act Notice 47

4.11 Award Basis 47

4.12 Tie Bids 47

4.13 Duration of Bids 47

4.14 Revisions to the MS-IFB 48

4.15 Cancellations 48

4.16 Incurred Expenses 48

4.17 Protest/Disputes 48

4.18 Bidder Responsibilities 48

4.19 Acceptance of Terms and Conditions 49

4.20 Bid/Proposal Affidavit 49

4.21 Contract Affidavit 49

4.22 Compliance with Laws/Arrearages 49

4.23 Verification of Registration and Tax Payment 49

4.24 False Statements 50

4.25 Payments by Electronic Funds Transfer 50

4.26 Prompt Payment Policy 50

4.27 Electronic Procurements Authorized 50

4.28 MBE Participation Goal 52

4.29 VSBE Participation Goal 52

4.30 Living Wage Requirements 52

4.31 Federal Funding Acknowledgement 53

4.32 Conflict of Interest Affidavit and Disclosure 53

4.33 Non-Disclosure Agreement 54

4.34 HIPAA - Business Associate Agreement 54

4.35 Nonvisual Access 54

4.36 Mercury and Products That Contain Mercury 54

4.37 Location of the Performance of Services Disclosure 54

4.38 Department of Human Services (DHS) Hiring Agreement 54

4.39 Small Business Reserve (SBR) Procurement 55

4.40 Bonds 55

4.41 Maryland Healthy Working Families Act Requirements 55

5 Bid Format 56

5.1 Two Part Submission 56

5.2 Technical Offer 56

5.3 Bid Price Form 57

5.4 Required Submissions 57

5.5 Delivery 59

5.6 Documents Required upon Notice of Recommendation for Contract Award 59

6 Bid Evaluation and Award 61

6.1 Bid Evaluation Criteria 61

6.2 Technical Offer Evaluation Criteria 61

6.3 Reciprocal Preference 61

6.4 Award Determination 62

6.5 Documents Required upon Notice of Recommendation for Contract Award 62

7 MS-IFB ATTACHMENTS AND APPENDICES 63

Attachment A. Pre-Bid Conference Response Form 67

Attachment B. Bid Instructions & Form 68

Attachment C. Bid/Proposal Affidavit 70

Attachment D. Minority Business Enterprise (MBE) Forms 71

Attachment E. Veteran-Owned Small Business Enterprise (VSBE) Forms 72

Attachment F. Maryland Living Wage Affidavit of Agreement for Service Contracts 74

Attachment G. Federal Funds Attachments 76

Attachment H. Conflict of Interest Affidavit and Disclosure 77

Attachment I. Non-Disclosure Agreement (Contractor) 78

Attachment J. HIPAA Business Associate Agreement 79

Attachment K. Mercury Affidavit 80

Attachment L. Location of the Performance of Services Disclosure 81

Attachment M. Contract 82

Attachment N. Contract Affidavit 100

Attachment O. DHS Hiring Agreement 101

Attachment P. Specimen Collection Historical Usage 102

Attachment Q. Mandatory Guidelines for Federal Workplace Drug Testing 104

Attachment R. COMAR References 105

Attachment S. Collection Occurrence Sites 106

Appendix 1. – Abbreviations and Definitions 110

Appendix 2. – Bidder Information Sheet 113

1 Minimum Qualifications As part of the determination to be considered responsive, the Bidder must document in its Bid that it satisfies the following Minimum Qualifications:

1.1.1 The Bidder shall have direct experience in providing Specimen Collection Services. As proof of meeting this requirement the Bidder shall provide letters of reference from three (3) customers for projects of similar scope valued over $25,000 within the immediate past three (3) years who are capable of documenting direct experience by the Bidder in providing Specimen Collections. Each of the three (3) references shall include:

1. Name of organization;

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

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

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

1.1.2 The Bidder shall also have direct experience in providing Emergency Specimen Collections within a four-hour time period. As proof of meeting this requirement the Bidder shall provide references from three (3) current and/or previous customers within the immediate past three (3) years who are capable of documenting direct experience by the Bidder in providing Emergency Specimen Collections within a (4) four-hour time period. Each of the three (3) references shall include:

1. Name of organization;

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

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

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

Bidder is no longer serving this client.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 The Department of Budget and Management (DBM) or the "Department") is issuing this Multi-step Invitation for Bids (MS-IFB) in order to procure a Statewide Contract for the collection of specimens from applicants and employees to test for the illegal use of drugs. These specifications are provided for the purpose of requesting bids to administer a centralized drug testing program (urine specimen collection only) for State of Maryland applicants and employees.

2.1.2 It is the State’s intention to obtain goods and services, as specified in this MS-IFB, from a Contract between the selected Bidder and the State. The anticipated duration of the period of performance under the Contract is for a three (3) year base period with two (2), one-year renewal options.

2.1.3 The Contractor will ship the collected specimens to be analyzed to the State’s Forensic Toxicology Drug Testing Lab (FTDTL) for laboratory services. The State’s FTDTL services are provided through a separate State contract. The State’s FTDTL is responsible for postage; and the supplies outlined in section 2.3.6 (b) of the MS-IFB.

2.1.4 The Department intends to make up to three (3) awards to provide statewide coverage, based on regional pricing, for the work under this MS-IFB. See MS-IFB Section 4.9 Award Basis for more Contract award information.

2.1.5 Regions

I. Central Region

a. Anne Arundel County

b. Baltimore City

c. Baltimore County

d. Carroll County

e. Harford County

f. Howard County

g. Montgomery County

h. Prince George’s County

II. Western Region

a. Allegany County

b. Frederick County

c. Garrett County

d. Washington County

III. Eastern/Southern Region

a. Calvert County

b. Caroline County

c. Cecil County

d. Charles County

e. Dorchester County

f. Kent County

g. Queen Anne’s County

h. Somerset County

i. St. Mary’s County

j. Talbot County

k. Wicomico County

l. Worcester County

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

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

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

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

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

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

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

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

2.2 Background and Purpose

The Department of Budget and Management, Office of Personnel Services and Benefits, Contract Management Division administers a Drug Testing Program (the Program) for applicants and employees of State Agencies under the State Personnel Management System. The Program tests for the illegal use of drugs ensuring that State employees are not impaired by the illegal use of drugs in the workplace. This practice ensures compliance with the Federal Omnibus Drug Abuse Act of 1988, which requires any State receiving federal funds to establish a drug-free workplace. The Act also requires that any State receiving federal funds must have a policy on the use of substances, an employee assistance program, and a procedure for employees to report their convictions.

The State may test employees and applicants for the illegal use of drugs in the following scenarios:

1. Random;

2. Reasonable suspicion;

3. Pre-employment;

4. Incident triggered (accident or unsafe practice);

5. Promotion;

6. Demotion;

7. Horizontal change;

8. Transfer into a sensitive position or classification;

9. Reinstatement;

10. Reemployment;

11. Reclassification;

12. Unclassified appointment;

13. Temporary appointments;

14. Contractual appointment;

15. Disclosure of participation in a rehabilitation program;

16. Disclosure of arrest for controlled dangerous substance offense;

17. Periodically throughout the duration of rehabilitation; and

18. After rehabilitation.

2.2.1 State Staff Roles

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

a. State Agency Technical Representatives (ATR) - The ATR responsibilities are defined in

COMAR 17.04.09.01.

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

2.2.2 Other State Responsibilities

a) The State will provide normal office working facilities and equipment reasonably necessary for Contractor performance under the Contract. Any special requirements (e.g., reprographic services, computer time, key data entry) shall be identified.

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

c) The Contract Manager or authorized designee will provide the Contractor a contact list of the ATRs, the MRO and other applicable personnel at Contract award, and as revised from time to time.

2.3 Responsibilities and Tasks

2.3.1 The Contract to result from this MS-IFB will provide for Statewide urine specimen collection for all State agencies except those covered by U.S. Department of Transportation drug testing requirements. The Contractor shall provide all labor, materials, as described in Section 2.3.6 , and equipment necessary for the on-site collection of the specimens and facilitate shipping of the specimens from the State-designated collection sites to the FTDTL contractor. Attachment S contains a list of locations designated as collection sites.

a. Historically, the number of specimens collected under the Contract averaged 2,342 per year or 206 per month for each year over a five (5) year period. The monthly specimen collection range was from 26 to 482 during this period. The Department does not guarantee a minimum or maximum number of specimen collections in the performance of this Contract.

b. Attachment P (Specimen Collection – Historical Usage Calendar Year) provides detailed information on the State’s usage from January 1, 2019, through December 31, 2023. Please review Attachment P carefully to ensure a thorough understanding of the requirements of this Contract.

c. The on-site collection and submission of specimens shall be conducted in accordance with SAMHSA’s Urine Specimen Collection Handbook/Drug Testing Guidelines for single specimen collections (Attachment Q), as well as COMAR 17.04.09 (Attachment R) and any other applicable Maryland laws, regulations and policies, all of the foregoing as from time to time amended. The SMD functions as the MRO for the State’s drug testing program. These services are provided under a separate Occupational Health and Medical Services contract.

2.3.2 Scheduling Project Plan Requirements

a. Within ten (10) Business Days after Contract award, the Contractor(s) shall submit a Scheduling Project Plan (the Plan) to the Contract Manager as identified in Section 2.3.2 Scheduling Procedure.

b. The Plan shall designate a Scheduler, who will be available during State Business Hours to work with the ATR to schedule Collection Occurrences and/or designate an automated, secure, real-time scheduling process. The automated process shall be able to meet the same requirements of a Scheduler as identified in Section 3.12.

2.3.3 Scheduling Procedures for Regular and Block - Collection Occurrences

The agencies may schedule individual and additional regular collections as identified in Attachment Bid Form..

1. For Paper Scheduling Procedures (if applicable):

a. The ATR will submit a completed request form, including a signature of the ATR.

Otherwise the request form will not be considered valid. All scheduling request forms will be submitted four (4) Business Days prior to each Collection Occurrence, up to six months in advance.

b. The Contractor shall provide confirmation to the requesting agency within one (1) Business Day of receipt. The confirmation shall include the date, time, site, and number of donor(s).

2. Electronic Scheduling Procedures (if applicable):

a. The agency will submit an automated request to the Contractor. All automated scheduling requests will be submitted four (4) Business Days prior to each Collection Occurrence, up to six (6) months in advance.

b. The contractor shall provide confirmation to the requesting agency within one (1) Business Day of receipt. The confirmation shall include the date, time, site, and number of donor(s).

3. Telephonic Scheduling Procedures (if applicable):

a. The ATR agency will call the designated telephone scheduling number provided by the contractor to schedule a collection. All telephone scheduling requests will be submitted four (4) Business Days prior to each Collection Occurrence, up to six (6) months in advance.

b. The contractor shall provide confirmation to the requesting agency within one (1) Business Day of receipt. The confirmation shall include the date, time, site, and number of donor(s).

4. Updates to the Confirmed Schedule

a. The ATR will submit any changes to the scheduling request form no later than 24 hours in advance of any Collection Occurrence.

5. Scheduling Procedures for Emergency Collections

a. The ATR will provide the Contractor with the number of donors, indicating a specific

Collection Occurrence site and scheduled times, as soon as possible after the need for an Emergency Collection Occurrence is determined. The ATR will communicate the required Emergency Collection Occurrence time frame at the time of the Emergency Collection Occurrence request. For example, reasonable suspicion and incident triggered testing.

b. The Contractor shall respond within one (1) hour after notification from the ATR.

2.3.4 Specimen Scheduling and Collection Procedure

The Contractor shall perform specimen collections either at a designated on-site collection location OR mobile (secured vehicle) site, specimen collections by a secured licensed mobile specimen collector.

a. On-Site Collections

i. The Contractor shall only perform specimen collections at the designated Collection Occurrence site restrooms approved by the Contract Manager.

(Attachment S).

ii. The Contract Manager reserves the right to designate or substitute additional Collection Occurrence sites on an as-needed basis throughout the duration of the Contract.

iii. The Contract Manager may maintain a list of designated Collection Occurrence sites (Attachment S) to ensure there are sufficient sites geographically dispersed throughout the State.

iv. The ATR shall select a Collection Occurrence site from the designated list for each Collection Occurrence occasion.

v. The ATR or Agency authorized designee shall be present for the entire duration of scheduled Collection Occurrences.

vi. The ATR shall provide the collection site at least 48 hours advance notice of the collection date and time.

b) Mobile Site Collections

c. The Contractor shall perform specimen collections in a secured and appropriately licensed vehicle that performs all requirements as described in Section 2.3.5 Collection Requirements. and Section 2.3.6. Collection Site Specifications.

1) Regular - Collection Occurrence

Agencies may schedule individual and additional regular collections as defined in Attachment B, Bid Form..

a) Additional Regular Collections – DPSCS and MSP ONLY

This section only applies to requests from the Department of Public Safety and Correctional Services (DPSCS) and the Maryland State Police (MSP).

i. When scheduling, the ATR may request an additional (60) minutes for their collection occurrence, and the Collector shall accommodate the request. The request shall be made from the ATR with at least 24 hours advance notice.

ii. During any regular or block time Collection Occurrence, the DPSCS or MSP ATR reserves the right to request that the Collector remain at the Collection Occurrence site to perform additional unscheduled Collection Occurrences.

iii. Following the request to remain at the Collection Occurrence site, the Collector will not be required to remain for more than thirty (30) minutes beyond the pre-scheduled time frame for the Collector to conduct the additional unscheduled Collection Occurrences.

iv. The Contractor will be paid for regular collection pricing for any additional donor collections that occur beyond the pre-scheduled time frame, as stated in Attachment B - Bid Form.

2) Block Time - Collection Occurrence

The agencies have an option to schedule either a (4) four hour or (8) eight-hour block time collection.

a) For four (4) hour block times, agencies may schedule a maximum of twenty-five (25) applicants/employees for collections.

b) For eight (8) hour block times, agencies may schedule a maximum of fifty

(50) applicants/employees for collections.

The ATR may schedule a Collection Occurrence that requires the Collector to remain at the Collection Occurrence site over a specified period of time. Collectors shall stay at the Collection Occurrence site to perform Collection Occurrences for all persons who present themselves for a Specimen Collection Occurrence during the scheduled block of time.

If the Collector is required to remain at the Collection Occurrence site to perform Collection Occurrences during a single block time, the Contractor will be paid a block time fee as specified in its Bid. This block time fee will represent the total compensation to the Contractor for a four (4) hour or eight (8) hour block of time as requested.

If a four (4) hour or eight (8) hour block is scheduled and the agency exceeds the maximum number of applicants/employees for the collection, the Contractor will be paid for the regular collection pricing (i.e.,1-3, 4-9, 10+) for any additional donors stated in the Attachment B - Bid Form..

If the Collectors are dismissed before the scheduled block time, the Contractor will be paid the total rate for the scheduled four (4) hour or eight (8) hour block of time. Any such dismissal shall be approved in writing by the ATR. The ATR will provide a copy of this documentation to the Contract Manager.

3. Emergency - Collection Occurrence

a) The Collection Occurrence shall be completed within six (6) hours of notification unless circumstances dictate a Collection Occurrence be completed within four (4) hours of notification;

b) The designation of the Emergency Collection Occurrence time is at the sole discretion of the ATR;

c) The Contractor shall provide documentation of the ATR request and a copy of the sign-in sheet with the arrival time; and

d) The Contractor shall ensure that this service is available statewide, 24 hours a day, and 7 days a week, including holidays and at any accessible Collection site. Historically, over the past five years, twenty (12) Emergency Collections have been requested.

4. Insufficient Specimen - Collection Occurrence

a) In the event of an insufficient specimen, the collector shall remain onsite for the required time period as specified in the SAMHSA Drug Testing Guidelines (Attachment Q). The contractor may invoice for insufficient specimen occurrences that extend forty-five (45) minutes beyond the pre-scheduled timeframe. The Contractor will be paid for the regular collection pricing (i.e.,1-3, 4-9, 10+) as stated in the Attachment B - Bid Form, for any insufficient specimen occurrences that extend beyond forty-five (45) minutes.

2.34 Fees

a. Collector No Show Fee

i. Agencies are permitted to deduct an amount equivalent to 50% of the firm fixed unit price for, a single regular Collection Occurrence, a four (4) hour block or eight (8) hour block time collection, and an Emergency Collection Occurrence as specified on the Contractor’s Bid Form for each time a Collector fails to appear or arrives fifteen (15) or more minutes late for the first scheduled Collection Occurrence.

ii. The ATR will notify the Contract Manager within thirty (30) minutes of the originally scheduled collection occurrence time.

iii. The Collector no show fee does not apply if the Contractor provides 24 hours advance notice of cancellation by email to the ATR. The Contractor shall make arrangements to reschedule within 48 hours of the initially scheduled collection occurrence.

iv. All supporting documentation shall be reviewed on a case-by-case basis and approved by the Contract Manager as to whether a no-show fee may be assessed.

b. Donor or Agency No Show Fee

i. The Contractor is permitted to charge an amount equivalent to 50% of the firm fixed unit price for a single regular collection, a four (4) hour block or eight (8) hour block time collection, and an Emergency Collection Occurrences as specified on the Contractor’s Bid Form for each Collection Occurrence for which a Collector travels to a Collection Occurrence site but performs no Collection Occurrences because the scheduled donor(s) or agency fails to appear.

ii. The donor or agency no show fee does not apply if the ATR provides at least 24 hours advance notice of cancellation by email to the Contractor or the Contractor performs at least one Collection Occurrence during the scheduled Collection Occurrence.

iii. The Collector must remain onsite for fifteen (15) minutes after the first scheduled Collection Occurrence with no Collection Occurrence occurring before a no-show fee may apply.

iv. The Collector shall document in writing each scheduled donor(s) or agency and date scheduled of the no shows.

v. The Collector and ATR will sign and date the document for review prior to departure from the site.

vi. A copy of the documentation shall be submitted along with the invoice proof to the Contract Manager in order to charge 50% of the firm fixed unit price of the Collection Occurrence.

vii. All supporting documentation shall be reviewed on a case-by-case basis and approved by the Contract Manager as to whether a no-show fee may be assessed.

c. Extraordinary Circumstances

i. There shall be no charge applied by the Contractor or the State if the event is canceled within less than 24 hours due to extraordinary circumstances.

ii. Extraordinary circumstances (personal circumstances, inclement weather closures, acts of God, etc.) in which the contractor or agency fails to attend or arrives fifteen

(15) or more minutes late will be reviewed on a case-by-case basis and approved by the Contract Manager as to whether a “no-show” fee may be assessed.

2.3.4.1 Drug Testing Panel Requirements

(a) Non-federal drug tests shall be administered in accordance with the requirements of COMAR

17.04.09 and COMAR 12.04.01.15, as amended from time to time. The screening test results for each drug testing panel shall be determined to be positive based on the following cutoff levels in Figure 1 and Figure 2 (expressed in nanograms per milliliter).

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

Figure 1:

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

DRUGS INITIAL SCREENING

LIMITS

CONFIRMATION

TESTING LIMITS

Amphetamines

1. Amphetamine 1000 ng/mL ng/mL

2. Methamphetamine 1000 ng/mL ng/mL

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

4. MDA (3,4 –

methylenedioxy amphetamine ng/mL ng/mL

5. MDEA (3,4 –

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

Barbiturates 200 ng/mL ng/mL

Benzodiazepines 200 ng/mL ng/mL

Cocaine 300 ng/mL ng/mL

Opiates 300 ng/mL ng/mL

1. Codeine 300

2. Morphine 300 ng/mL

3. 6 – Acetylmorphine 10 ng/mL

PCP (Phencyclidine) 25 ng/mL

For drug testing of the Contractor’s personnel, the Contractor shall follow the most current Drug Testing Guidelines (Attachment Q) for testing and reporting of specimens.

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

Figure 2:

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

DRUGS INITIAL SCREENING

LIMITS

CONFIRMATION

TESTING LIMITS

Amphetamines 1000 ng/mL ng/mL

Barbiturates 300 ng/mL ng/mL

Benzodiazepines 300 ng/mL ng/mL

Cocaine 300 ng/mL ng/mL

Opiates 300 ng/mL

PCP (Phencyclidine) 25 ng/mL

Marijuana 50 ng/mL

2.3.5 Collection Requirements

1) The Contractor’s on-site personnel shall wear appropriate business attire at all times while performing Collection Occurrence duties under this Contract (i.e., no jeans, shorts, open-toe shoes, t-shirts or inappropriate attire).

2) To ensure that required chain of custody and Collection Occurrence control are maintained, the Contractor shall strictly follow the Collection Occurrence procedures for single specimens, as specified in the Drug Testing Guidelines (Attachment Q) and COMAR 17.04 .09 (Attachment R).

3) The Contractor shall comply with any revisions or clarifications to the Drug Testing Guidelines (Attachment Q) and COMAR to assure continued conformance with the requirements.

4) When the donor arrives at the Collection Occurrence site, the Contractor shall require the donor to provide acceptable photo identification as specified in the Drug Testing Guidelines (Attachment Q). Acceptable photo identification is described as an original Driver’s License, employee badge issued by the employer, or an alternative photo identification issued by a federal, state or local government agency. Positive identification by the donor’s supervisor may also be accepted when photo identification cannot be provided.

5) The Collection Occurrence shall not be split into two samples.

6) The donor may provide a Collection Occurrence specimen in a stall or otherwise partitioned area that allows for privacy. The Collector shall note any unusual behavior by the donor on the CCF and shall immediately notify the ATR.

7) The Collector shall utilize an approved automated drug testing system as designated by the

FTDTL.

8) The Collector shall assure that the hard copy or electronic CCF are legible and completed accurately and in accordance with the Drug Testing Guidelines (Attachment Q).

9) The Collector shall make the appropriate drug testing panel selection for sworn law enforcement and public safety officers as determined by the ATR.

10) The Contractor shall immediately rectify all Collector Errors in accordance with the procedures specified in the Drug Testing Guidelines (Attachment Q) and to the satisfaction of the MRO.

2.3.6. Collection Site Specifications

The Contractor shall assure Collection Occurrence site requirements are maintained at all times, including:

1) The Collection Occurrence site shall have all necessary materials, equipment, facilities and supervision to provide collection, security, storage and transportation of specimens to the FTDTL, as specified in the Drug Testing Guidelines (Attachment Q).

2) The following items, listed below shall be available at the collection site;

a. The Contractor shall request an adequate quantity of items under sub-section b.

from the FTDTL in a timely manner to ensure the availability of the items for collections. If the FTDTL does not provide items 1-8 in a timely manner, the Contractor shall notify the Contract Manager.

b. Supplies provided by the State’s FTDTL Contractor (separate state contract):

i. Single-use plastic collection containers;

ii. Single-use plastic specimen bottles;

iii. Temperature strips capable of temperature readings between

90º-100ºF (32º-38ºC);

iv. Hard copy CCFs, which identify the donor by barcode; or an electronic drug testing system which identifies and records the donor by individual barcode;

v. Tamper-evident seals;

vi. Leak-resistant plastic bags with two sealable compartments or pouches;

vii. Absorbent material; and,

viii. Pre-paid shipping containers.

c. Supplies provided by the Specimen Collection Contractor:

i. Bluing agent;

ii. Disposable gloves;

iii. Urine collection hats (on an as needed basis);

iv. Waterless cleanser; and,

v. Moist towelettes.

d. Equipment provided (when applicable) by the Specimen Collection Contractor:

i. Electronic software for collection; for example, a laptop or tablet (if applicable);

ii. Internet capability (if applicable);

iii. Portable printer and ink (if applicable); and

iv. Power source, when required.

e. Supplies provided by the Requesting Agencies:

i. Bottles of water, or cups with identified ounces.

3) Each Collection Occurrence site shall have restroom facilities that are private, clean, and secure to prevent compromise during the collection of specimens in accordance with the Drug Testing Guidelines (Attachment Q). Restroom facilities shall be evaluated upon arrival, to include taping off drop ceiling tiles and toilet paper dispensers.

4) The water supply inside the restroom must be turned off or taped off; sensors shall be secured in automated restrooms during the Collection Occurrence. The Collection Occurrence site must also have a source of water external to the restroom where the collection occurs for handwashing and a suitable, clean surface for the Collector’s work area. If an external water source is not available, waterless cleanser or moist towelettes are acceptable alternatives.

5) When the State cannot dedicate a site solely for the purpose of Collection Occurrence, the location used for Collection Occurrences shall be secured during Collection Occurrence operations. No unauthorized personnel shall be permitted in any part of the Collection Occurrence site where urine specimens are collected or stored.

6) For any issues arising during the Collection Occurrence, the Collector shall notify the ATR. If the ATR who scheduled the Collection Occurrence is not available, the Contractor shall contact the ATR’s back-up and/or the Contract Manager. The Contractor shall advise the Contract Manager of any site deficiencies immediately after discovery.

2.3.7. Collection Procedure

1) Insufficient Specimen

i. If the donor cannot provide a specimen or there is not sufficient urine in the container, the Contractor shall notify the ATR and follow the procedure for “Insufficient Specimen” as specified in the Drug Testing Guidelines (Attachment Q).

ii. The ATR is responsible for directing the donor to remain at the Collection Occurrence site for the required time period.

iii. The Contractor shall manage and distribute the appropriate amount of water to the donor throughout the insufficient specimen process.

iv. The Contractor shall instruct the donor to remain under the direct observation of the collector throughout the insufficient specimen process.

2) Direct Observation

i. When a direct observed Collection Occurrence is required, the Collector shall be the same gender as the donor.

ii. When possible, the Contractor will be given advance notice of specific gender requirements and shall accommodate each request.

iii. When a direct observation is required during an already scheduled Collection Occurrence, a same gender observer must arrive within four (4) hours of notification.

iv. Direct observed Collection Occurrences shall only be required with specific authorization from the ATR or the MRO for the conditions specified in the Drug Testing Guidelines.

v. State personnel (i.e. ATR, supervisors, coworkers) do not qualify as an observer, and shall not perform those requirements during the Collection Occurrence.

3) Specimen Shipment

i. The Contractor shall immediately prepare the Collection Occurrence specimen for shipment to the FTDTL.

ii. If the specimen cannot be shipped immediately, it shall be appropriately secured during temporary storage. See Substance Abuse and Mental Health Services Administration (SAMHSA) guidelines (Attachment Q).

2.3.8. Submission of Specimen Collection Documents for Electronic and Hard Copy CCF

1) The Contractor shall submit electronic copies of hard copy CCF forms and supporting documentation within three (3) Business Days of each completed Collection Occurrence.

i. Supporting documentation includes the MRO’s CCF, copy of the donor’s Authorization Form for Release of Records and Information (HIPAA Form for Drug Testing Authorization), the Drug Abuse Screen Applicant Authorization form (DT2) or Controlled Dangerous Substance

Test Order (DT4), and Collection Occurrence or Insufficient Specimen Log (if applicable) to the Contract Manager.

ii. The Contractor shall submit these forms by secure transmission to the Contract Manager.

2) The Contractor shall hand-deliver the original hard copy documents (as noted above) to the Contract Manager by the 10th day of the month for the previous month's collection.

3) The Contractor shall coordinate a drop off date and time for such deliveries.

4) The Contractor may not use alternative methods of delivery without the prior written approval of the Contract Manager

i. As an alternative to the hand-delivery method described above, the Contractor may elect to utilize a reputable courier service (such as UPS or FedEx) for such deliveries.

ii. The Contractor shall include the tracking information, including but not limited to the tracking number, envelope number, collection occurrence date range, and the number of CCF’s.

5) Any Collection Occurrence documentation received by the State that is not timely, or that is incomplete or contains erroneous information may be subject to verification and/or possible non-payment by the State.

6) Any contested invoices will be paid by the State if, and when, the Contractor has satisfied the submission requirement as stated within this MS-IFB and provides a just and proper invoice.

7) Satisfaction of the above requirements will be determined in the sole discretion of the Contract Manager.

2.3.9. Reports and Records

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

2) All records are subject to the Federal Privacy Act, 5 USC 552a, and other applicable Federal and State laws and regulations and shall be maintained and handled with the highest regard for donor privacy. No records or documents shall be released without the prior written approval of the Contract Manager unless such release is specifically provided for herein.

2.3.10. Payment Tracking Report

1) The Contractor shall submit monthly payment tracking reports by the 25th of the following month for services provided in the preceding month. The reports shall be submitted electronically to the Contract Manager in the form and format as approved by the Contractor Manager. The monthly payment tracking report shall include minimally:

i. All agency names;

ii. Applicable invoice number;

iii. Amount due;

iv. Balance due;

v. Paid date; and

vi. Confirmation of payment type.

2.3.11. Utilization Report

The Contractor shall submit a quarterly utilization report by the 25th of the following month quarter end for services provided in the previous quarter. The reports shall be submitted electronically to the Contract Manager in the form and format as approved by the Contractor Manager. The utilization reports shall include minimally:

(1) Specimen Identification Number;

(2) Agency Number;

(3) Location Code;

(4) Test Reason;

(5) Regular collection;

(6) Block Collection;

(7) Emergency Collection;

(8) Insufficient Specimen Collection;

(9) Direct Observation Collection;

(10) Refusals; and

(11) Additional 60 minutes for DPSCS and MSP collection occurrences

The State reserves the right to edit any reporting formats.

The Contractors are not entitled to any additional payment due to said edits.

2.3.12. Meetings

1) The Contractor shall attend monthly billing meetings with the Contract Manager.

2) The Contractor shall attend quarterly meetings with the Contract Manager.

3) The Contractor shall attend an end of contract close out meeting with the Contract Manager.

4) The Contractor shall provide meeting minutes to the Contract Manager and attendees within seven (7) Business Days for meetings as required.

2.3.13. Contractor Testimony

1) The Contractor shall provide contract personnel or administrative staff to attend a deposition or testimony.

2) The Contractor shall provide any required documentation to support any administrative and/or court actions as requested in writing by the State.

3) No personnel provided for testimony shall have been convicted of perjury or of any felony crime.

4) The Contractor shall notify the Contract Manager of any summons, subpoena or deposition within 24 hours of receipt.

5) The Contractor will be paid the firm fixed unit price per hour, or a prorated portion thereof (rounded up to 15-minute increments), as specified in its Financial Bid Form, that each approved person spends preparing for and/or providing the actual deposition or testimony, including waiting at a court hearing or deposition site to provide testimony or a deposition.

i. The Contractor shall provide any supporting documentation to support billable services to the Contract Manager.

ii. The Contractor will be paid the same firm fixed unit price per hour, or prorated portion thereof, for all time spent by each approved person traveling within Maryland to attend a deposition, hearing or court session that is more than 75 miles from 301 W. Preston St, Baltimore, Maryland. Billing for travel time and mileage is only allowable for travel outside the above described 75-mile radius.

iii. For any authorized travel beyond the 75-mile radius referenced above, the Contractor will also be reimbursed for mileage expenses at the same rate that is paid to State employees (.655 cents per mile – as of July 1, 2023). Updated rates can be found at https://dbm.maryland.gov/Pages/FleetManagementServices.aspx.

2.3.14. Payment of Postage and Shipping Fees

The Contractor shall pay all postage and shipping fees related to information submitted to the State, including forms and reports. This excludes postage or shipping fees related to the transportation of specimens, and supplies provided by the State’s FTDTL Contractor specified in section 2.3.6. which shall be paid by the State’s FTDTL Contractor.

2.3.17 State Personnel

The Contract Manager or authorized designee will provide the Contractor a contact list of the ATRs, the MRO and other applicable personnel at Contract award, and as revised from time to time.

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3 Contractor Requirements: General

3.3 Contract Initiation Requirements

Contractor shall schedule and hold a kickoff meeting within 10 Business Days of NTP Date. At the kickoff, the Contractor shall furnish an updated Project Plan describing the activities for the Contractor, the State, and any third parties for fully transitioning to the Contractor’s solution.

3.4 End of Contract Transition

3.4.2 The Contractor shall provide transition assistance as requested by the State to facilitate the orderly transfer of services to the State or a follow-on contractor, for a period up to 60 days prior to Contract end date, or the termination thereof. Such transition efforts shall consist, not by way of limitation, of:

a) Provide additional services and support as requested to successfully complete the transition;

b) Maintain the services called for by the Contract at the required level of proficiency;

c) Provide updated System Documentation (see Appendix 1), as appropriate; and

d) Provide current operating procedures (as appropriate).

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

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

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

a) The Contractor shall provide a draft Transition-Out Plan 120 Business Days in advance of Contract end date.

The Transition-Out Plan shall address at a minimum the following areas:

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

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

3) Security and system access review and closeout;

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

5) Any final training/orientation of Department staff;

6) Connectivity services provided, activities and approximate timelines required for Transition-Out;

7) Knowledge transfer, to include:

a) A working knowledge of the current system environments;

b) Review with the Department the procedures and practices that support the business process and current system environments;

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

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

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

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

The Contractor shall document any risk factors and suggested solutions.

The Contractor shall ensure all documentation and data including, but not limited to, System Documentation and current operating procedures, is current and complete with a hard and soft copy in a format prescribed by the Contract Manager.

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

Access to any data or configurations of the furnished product and services shall be available after the expiration of the Contract as described in Section 3.2.5.

3.4.6 Return and Maintenance of State Data

a) Upon termination or the expiration of the Contract Term, the Contractor shall: (a) return to the State all State data in either the form it was provided to the Contractor or in a mutually agreed format along with the schema necessary to read such data; (b) preserve, maintain, and protect all State data until the earlier of a direction by the State to delete such data or the expiration of 90 days (“the retention period”) from the date of termination or expiration of the Contract term; (c) after the retention period, the Contractor shall securely dispose of and permanently delete all State data in all of its forms, such as disk, CD/DVD, backup tape and paper such that it is not recoverable, according to National Institute of Standards and Technology (NIST)-approved methods with certificates of destruction to be provided to the State; and (d) prepare an accurate accounting from which the State may reconcile all outstanding accounts. The final monthly invoice for the services provided hereunder shall include all charges for the 90-day data retention period.

b) During any period of service suspension, the Contractor shall maintain all State data in its then existing form, unless otherwise directed in writing by the Contract Manager.

c) In addition to the foregoing, the State shall be entitled to any post-termination/expiration assistance generally made available by Contractor with respect to the services.

3.5 Invoicing

3.5.2 General

3.5.2.1 The authorized representative of the Contractor shall submit for pre-approval to the Contract Manager each invoice prior to the submission of any invoice to the Agency (an “Invoice Proof”). Invoices submitted without the required information will not be approved until the Contractor provides the required information. The Contractor shall certify that each invoice is just and proper. A just and proper invoice includes those items listed in MS-IFB Section 3.5.2.3, items 1– 17 below.

3.5.2.2 When edits are required, the Contractor shall provide…