PSP Sources_Sought_Notice.docx

Sources Sought Notice: DOT/FMCSA Pre-Employment Screening Program (PSP) Services

Solicitation Number:

To Be Determined Notice Type:

Sources Sought Notice Title:

Pre-Employment Screening Program (PSP) Services NAICS Code 518210 Synopsis:

Background Title 49 of the U.S. Code, section 31150, titled “Safety performance history screening” as adopted as Public Law 109-59 section 4117 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) requires the Federal Motor Carrier Safety Administration (FMCSA) to provide persons conducting pre-employment screening services for the motor carrier industry electronic access to crash and inspection data in FMCSA’s Motor Carrier Management Information System (MCMIS).

(a) In General. The Secretary of Transportation shall provide persons conducting pre- employment screening services for the motor carrier industry electronic access to the following reports contained in the Motor Carrier Management Information System:

(1) Commercial motor vehicle accident reports.

(2) Inspection reports that contain no driver-related safety violations.

(3) Serious driver-related safety violation inspection reports.

(b) Conditions on Providing Access. Before providing a person access to the Motor Carrier Management Information System under subsection (a), the Secretary shall –

(1) Ensure that any information that is released to such person will be in accordance with the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) and all other applicable Federal law; the contractor shall further be subjected to the civil liabilities for willful or negligent noncompliance of the FCRA and shall be required to indemnify the government from same;

(2) Ensure that such person will not conduct a screening without the operator- applicant's written consent;

(3) Ensure that any information that is released to such person will not be released to any person or entity, other than the motor carrier requesting the screening services or the operator- applicant, unless expressly authorized or required by law; and

(4) Provide a procedure for the operator-applicant to correct inaccurate information in the System in a timely manner.

(c) Design. The process for providing access to the Motor Carrier Management Information System under subsection (a) shall be designed to assist the motor carrier industry in assessing an individual operator's crash and serious safety violation inspection history as a pre-employment condition. Use of the process shall not be mandatory and may only be used during the pre-employment assessment of an operator-applicant.

(d) Serious Driver-Related Safety Violation Defined. In this section, the term "serious driver-related violation" means a violation by an operator of a commercial motor vehicle that the Secretary determines will result in the operator being prohibited from continuing to operate a commercial motor vehicle until the violation is corrected.

In 2006, FMCSA released the Driver Information Resource (DIR) for use by FMCSA and State partner enforcement personnel. The DIR creates a “driver profile” using the Motor Carrier Management Information System (MCMIS) crash and inspection data. The DIR is comprised of crash data from the past five years and inspection data from the past three years from MCMIS, organized by driver characteristics utilizing matching algorithms and data clean-up techniques. Current access to the DIR is restricted by password and is not available to the public or motor carriers.

Making the DIR available to entities hiring operators of motor carriers is the core component of the statutory requirement. In 2006, FMCSA considered and analyzed the options for FMCSA to meet the requirements of section 31150. Two general strategies were considered: (1) an “in-house” option, where FMCSA would develop the relevant systems and administer the entire program itself, and (2) a “third party” option where the DIR data would be distributed to companies or service providers able to meet strict laws, regulations and guidelines and assist FMCSA to meet the requirements of the Pre- Employment Screening Program (PSP). After reviewing requirements, efficiencies in systems, and legal, logistical and fiscal options, FMCSA has decided to solicit the assistance of offerors via the “third party option.” FMCSA would provide a snapshot, or “extract” of the DIR database to contractor(s) able to meet specific measures based on FMCSA policy, applicable federal laws and guidance.

In addition, FMCSA currently has a system in place to meet the requirement of section 31150(b)(4). The FMCSA DataQ’s system is currently available to motor carriers to challenge data and correct data in the MCMIS system. FMCSA is not seeking assistance in complying with section 31150(b)(4).

Objective The purpose of the Statement of Work (SOW) is to assist FMCSA in meeting certain aspects of the pre-employment screening requirements of Section 31150. The specific objectives of the Pre-Employment Screening Program (PSP) are aligned with the requirements of the statute:

• Provide driver-related Motor Carrier Management Information System (MCMIS) safety and inspection data to motor carriers requesting the screening service, industry service providers requesting the screening service on behalf of a motor carrier or operator- applicant, or to the requesting operator-applicant (for his/her personal data) in a timely and professional manner;

• Release data only with the account holder’s attestation that they have received the operator-applicant’s written consent or consent provided through FMCSA approved electronic means; and

• Maintenance, handling, storage, and distribution of FMCSA MCMIS data must conform to applicable laws, rules, regulations and policies.

Certain requirements of the PSP will be the responsibility of FMCSA and SHALL NOT be performed by the Contractor(s):

• FMCSA will be responsible for any other release of data to any person or entity other than the motor carrier or industry service provider (or representative) requesting the screening information or the operator-applicant as required in section 31150(b)(3);

• FMCSA will be responsible for the integrity of the MCMIS data and will provide a procedure for the owner-operator to correct inaccurate information via the DataQs system currently maintained by FMCSA; and

• FMCSA will be responsible for performing audits of the participating Contractor(s) to ensure performance and security objectives are being met.

Scope The Contractor(s) shall assist FMCSA with aspects of the PSP and meet the performance standards in providing these services as described below.

TASK 1: Provide driver-related MCMIS safety and inspection data to motor carriers and industry service providers requesting the screening service or to the requesting operator- applicant (for their particular data).

TASK 2: Release data only with the attestation that the motor carrier or industry service provider has obtained the operator-applicant’s written consent or consent provided through FMCSA approved electronic means. Audit the written consent attestation in accordance with Task 7.

TASK 3: Maintenance, handling, storage, and distribution of FMCSA MCMIS data must conform to applicable laws, rules, regulations and policies.

TASK 4: Retention and use of MCMIS data is limited.

TASK 5: Record keeping for FMCSA audits and reviews is required.

TASK 6: Personnel Security: The Contractor(s) (and subcontractor(s), if applicable) will comply with all federal requirements for personnel security.

TASK 7: Audit of operator-applicant consent: The Contractor(s) will audit PSP account holders (motor carriers and industry service providers) in accordance with Pre-Employment Screening Program Audit Requirements and Penalties Process.

TASK 8: PSP education and outreach: The Contractor(s) will promote PSP participation through ongoing education and outreach.

TASK 9: Enhancements and modifications.

Period of Performance:

The period of performance shall be five (5) years from the effective date of award.

Place of Performance:

Contractor’s Site

GOVERNMENT FURNISHED RESOURCES

FMCSA will furnish the following to the Contractor(s):

• Five years of driver crash data and three years of driver inspection data as reported to the Motor Carrier Management Information System (MCMIS). The data will be organized by driver characteristic as found in the Driver Information Resource (DIR), currently used by FMCSA and State Motor Carrier Safety Assistance Program (MCSAP) inspection officers. The DIR data will be provided periodically, most likely on a monthly or bi-monthly basis from FMCSA.

• A description of how the MCMIS data has been arranged and the criteria for the matching algorithms in the DIR.

• Procedures for obtaining the DIR data extract in a secure and efficient manner.

• Access to Federal and Department policies, standards and guidance as they apply to operations prescribed within this statement of work.

CONTRACTOR FURNISHED PROPERTY

The Contractor(s) shall furnish all facilities, materials, equipment, and services necessary to fulfill the requirements of each task specified in the Statement of Work (SOW), with the exception of items identified in Government Furnished Resources, above.