RFB 510486-SCOB.pdf

WISCONSIN DEPARTMENT OF BID 510486

Transportation

Drug and Alcohol Testing – 3rd Party Administration Request for Bid (RFB)

510486

Issued by:

The State of Wisconsin

Department of Transportation

Questions Due by:

October 25, 2022 by 2:00pm CDT

Bids Due by:

November 15, 2022 by 2:00pm CDT Bids must be submitted in eSupplier

For further information regarding this RFB, contact:

Hazel Cybart-Fuson Schuster at hazel.cybartfusonschuster@dot.wi.gov

WISCONSIN DEPARTMENT OF BID 510486

SPECIAL CONDITIONS OF BID

TABLE OF CONTENTS

SECTION SUBJECT PAGE #

1 GENERAL INFORMATION AND SCOPE

SCOPE

DEFINITIONS

CONTRACT TERM

ENDORSEMENTS, TESTIMONIALS, AND PROMOTIONAL ACTIVITIES

COOPERATIVE PURCHASING AND PIGGYBACKING

2 BIDDER QUALIFICATIONS AND REQUIREMENTS

3 SPECIFICATIONS

STATEMENT OF WORK AT TIME OF BID

LEAD EXECUTIVE CONTACT INFORMATION

VENDOR’S ACCOUNT REPRESENTATIVE EXPERIENCE

STAFFING SPECIFICATIONS

VENDOR LOCATION

ORGANIZATIONAL CHART

BID PRICE

SERVICE AGENT INFORMATION

PROFICIENCY IN 49 CFR PARTS 40 AND 655

BID OPPORTUNITY LIST

DOT COMPLIANCE CERTIFICATION

COMPLIANCE OF SERVICE AGENTS

SPECIMEN COLLECTION, DRUG AND ALCOHOL TESTING

DATA MANAGEMENT

RANDOM SELECTION PROCESS

TRANSMISSION OF TEST RESULTS

ERROR CORRECTION PROCESS

REPORTING

BILLING PRACTICES

IMPLEMENTATION SCHEDULE

SAMPLE FORMS

4 CONTRACT DELIVERABLES

BIDDERS RESPONSE SHEET

CONSULTATION

PROFICIENCY IN 49 CFR PARTS 40 AND 655

COMPLIANCE OF SERVICE AGENTS

COLLECTION SITES

COLLECTION SITE PROXIMITY

COLLECTION HOURS

CERTIFIED LABORATORY

MEDICAL REVIEW OFFICER

SUBSTANCE ABUSE PROFESSIONALS (SAP)

WISCONSIN DEPARTMENT OF BID 510486

DRUG TESTING

DRUG COLLECTION PROCESS

BREATH ALCOHOL TESTING

EQUIPMENT

DATA MANAGEMENT AND RANDOM SELECTION PROCESS

TRANSMISSION OF TEST RESULTS

CERTIFICATION, REPORTING, AND RECORDKEEPING

BILLING PRACTICES

RECORDS/AUDIT/LITIGATION – EXPERT TESTIMONY

5 SPECIAL TERMS AND CONDITIONS

CONTRACT QUANTITIES/NEW OR DELETED ITEMS

PROGRAM COSTS

INSURANCE REQUIREMENTS

SAFETY NOTICES/RECALLS

SUBCONTRACTING OR THIRD PARTY PAYMENTS

CONFIDENTIALITY

FIRM PRICES

INVOICING REQUIREMENTS

REPORTING REQUIREMENTS

ORDER OF PRECEDENCE

CONTRACTOR MAJOR STRUCTURAL CHANGE

HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA)

6 BID PROCEDURE AND INSTRUCTIONS

REASONABLE ACCOMMODATIONS

CALENDAR OF EVENTS

QUESTIONS

PROPRIETARY AND CONFIDENTIAL INFORMATION

BID RESPONSE REQUIREMENTS

BID SUBMISSION

MULTIPLE BIDS

INCURRING COSTS

WISCONSIN PUBLIC RECORDS LAW

WISCONSIN ESUPPLIER REGISTRATION

7 BID OPENING, ACCEPTANCE AND AWARD

BID OPENING

BID ACCEPTANCE

BASIS FOR BID AWARDS

METHOD OF AWARD

RECEIVING AND ACCEPTANCE OF PURCHASED GOODS AND SERVICES

MINORITY BUSINESS ENTERPRISE/DISABLED VETERAN OWNED BUSINESS PARTICIPATION

APPEALS PROCESS (SERVICES OVER $50,000 ONLY)

TERMS AND CONDITIONS

WISCONSIN DEPARTMENT OF BID 510486

CONTRACT CANCELLATION

CERTIFICATION FOR COLLECTION OF SALES AND USE TAX

8 ATTACHMENTS

Attachment A - DVB/MBE Program Awareness, Compliance and Action Plan Attachment B - DVB/MBE Monthly Participation Report Attachment C - Bidder Response Sheet Attachment D - Federal Clauses and Certifications Attachment E - Bid Opportunity List Attachment F - Price Sheet Attachment G - Biddered Required Form (DOA-3832) Attachment H - Standard Terms and Conditions (DOA-3054) Exhibit 1 - Transit Systems Exhibit 2 - Sample TPA - Transit System Contract Exhibit 3 - TPA Compliance Report

WISCONSIN DEPARTMENT OF BID 510486

1 GENERAL INFORMATION AND SCOPE

The Wisconsin Department of Transportation (WisDOT), through its Purchasing Unit, on behalf of Wisconsin rural transit systems, requests bids from qualified drug and alcohol testing vendors to provide Third-Party Administrator drug and alcohol testing services. These testing services will be hosted through a Consortium of approximately 25 Wisconsin transit systems operating out of over 80 locations and employing over 1,100 safety-sensitive employees.

The number of combined urine drug tests and alcohol tests conducted on annual basis by the transit systems is estimated at 1,430. The number and location of transit systems and the number of drug and alcohol tests may vary during the duration of the contract, if transit systems, as contract purchasers, join or leave the Consortium. The Third-Party Administrator will ensure the services it provides will comply with the U.S. Department of Transportation (DOT) and Federal Transit Administration (FTA) drug and alcohol regulations and that its service agents are qualified.

The resulting contract shall be governed by the attached Standard Terms and Conditions unless specifically modified in this Request for Bid document. Conditions of bid that include the word "must" or "shall,” describe a mandatory requirement.

Scope

The awarded vendor, hereinafter referred to as “Contractor” must, at a minimum, conform to the requirements specified in the United States Department of Transportation’s “Procedures for Transportation Workplace Drug and Alcohol Testing Programs” as set forth in 49 CFR Part 40, as amended, and the Federal Transit Administration’s “Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations” as set forth in 49 CFR Part 655, as amended.

WisDOT is conducting the procurement for drug and alcohol testing services, however, WisDOT will not enter into any contract. The “award” will not be in the form of a contract, but an “endorsement” or “recommendation” to individual transit systems listed in Exhibit 1 that enter into individual contracts with the selected bidder shown.

WisDOT is the oversight agent for drug and alcohol compliance with requirements specified in 49 CFR Parts 40 and 655, as amended, for rural and small urban transit systems in WisDOT. As the designated agent, WisDOT assumes oversight authority for the selected Contractor.

Each transit system, herein after referred to as the “Purchaser” will execute an agreement with the successful bidder, herein after referred to as the “Contractor”. The agreement and/or contract must be a unit cost contract with unit costs not to exceed those listed by the Contractor in Attachment F - Price Sheet. The agreement must be awarded for a period of twelve (12) months with an annual renewal option subject to WisDOT’s approval and continued participation by the Purchasers.

It is understood by all parties that WisDOT is only acting on behalf of the Purchasers and is not directly responsible for any program costs. It is further understood the costs of services rendered (i.e., the costs of

WISCONSIN DEPARTMENT OF BID 510486

testing) will be paid by each Purchaser listed in Exhibit 1. A separate contract will be required between the Contractor and each individual Purchaser for their respective testing services. A sample contract that may be used to meet this criterion is included as Exhibit 2. It is understood that WisDOT is not liable for costs of services rendered by the Contractor.

Definitions

The following words and phrases, when used in throughout the RFB, shall have the following meanings:

49 CFR Part 40: Procedures for Transportation Workplace Drug and Alcohol Testing Programs. All amendments will be made by USDOT.

49 CFR Part 655: Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations. All amendments will be made by USDOT, Federal Transit Administration.

Agency: The Wisconsin Department of Transportation.

Alcohol Testing Form (ATF): The US DOT form used to conduct DOT alcohol tests.

Bidder/Vendor: A company or individual submitting a bid response to this RFB.

Breath Alcohol Technician (BAT): A person who instructs and assists employees in the alcohol testing process and operates an evidential breath-testing device.

Chain of Custody: The procedure used to document the handling of the urine specimen from the time the employee gives the specimen to the collector until the specimen is destroyed. This procedure uses the Federal Drug Testing Custody and Control Form (CCF).

Consortium: The collective purchasers contracting for a Third-Party Administrator’s services.

Contractor: The entity, after having submitted a proposal and being selected, recommended to the Purchasers to provide the scope of services outlined in this bid.

Department: The Wisconsin Department of Transportation, also known as WisDOT.

Designated Employer Representative (DER): This is an employee authorized by the employer to take immediate action to remove employees from safety-sensitive duties, or cause employees to be removed from these covered duties, and to make required decisions in the testing and evaluation processes. The DER also receives test results and other communications for the employer.

Disadvantaged Business Enterprise: DBEs are for-profit small business concerns where socially and economically disadvantaged individuals own at least a 51% interest and also control management and daily business operations.

DOT: US Department of Transportation, also known as DOT.

Drug and Alcohol Program Manager (DAPM): An employee authorized by the employer to manage and monitor the drug and alcohol testing program. This person may make required decisions in the testing and evaluation process, maintain required records, update policy and procedures, and monitor contractors and vendors. The DAPM may also receive test results and other communications for the employer and may act as the DER.

Employer: A transit service provider with safety-sensitive employees and prospective employees who are subject to drug and alcohol testing under DOT regulations.

Evidential Breath Testing Device (EBT): A device that measures an employee’s alcohol concentration.

FTA: The Federal Transit Administration, the Federal agency responsible for the FTA Drug and Alcohol testing program.

HHS: US Department of Health and Human Services, the agency that certifies laboratories as qualified to perform DOT drug testing.

WISCONSIN DEPARTMENT OF BID 510486

Medical Review Officer (MRO): A person who is a licensed physician with knowledge of substance abuse disorders who has appropriate medical training to interpret and evaluate drug test results in accordance with the provisions of 49 CFR Part 40, as amended.

Management Information System (MIS): The reporting system used by FTA to monitor the results of the FTA drug and alcohol testing program.

Purchaser: Each entity executing a contract agreement with the Contractor, also known as transit system.

RFB: Request for bid.

Service Agents: Entities/agencies/subcontractors to be utilized in the performance of the contract by the Bidder e.g., collection site personnel, laboratories, MRO, and SAP.

Screen Test Technician (STT): A person, who instructs and assists employees in the alcohol testing process and operates an evidential breath-testing device but is limited to conducting an initial screen test only.

State: The State of Wisconsin.

Substance Abuse Mental Health Service Administration (SAMHSA): Federal agency which certifies laboratories to conduct forensic drug testing for the Federal agencies and for some federally regulated industries.

Substance Abuse Professional (SAP): A person who evaluates employees who have violated a DOT drug and alcohol program regulation and makes recommendations concerning education, treatment, follow-up testing, and aftercare.

Third-Party Administrator: A service agent that coordinates the provision of a variety of drug and alcohol testing services to employers, also known as TPA.

Transit System: Wisconsin public transportation services operating with the assistance of FTA funds and subject to DOT drug and alcohol regulations.

Contract Term WisDOT intends to utilize the results of this RFB to award a contract. Retain a copy of these bid documents and any addenda for your files. The RFB document and the awarded bidder’s response shall become the contract unless a separate contract is executed.

The initial term of this contract shall be (two years) starting January 1, 2023 through December 31, 2024, with three (3) one-year renewal options by mutual consent. Any extension beyond the renewal options must be authorized by mutual agreement of the Contractor and WisDOT.

As required by Wisconsin Statutes, continuance of a contract beyond the limits of funds available shall be contingent upon appropriation of the necessary funds and the termination of the contract by lack of appropriation shall be without penalty to WisDOT. WisDOT does not guarantee to purchase any specific quantity during each contract term.

Endorsements, Testimonials, and Promotional Activities Any unauthorized reference to or use of the State of Wisconsin, the Great Seal of the State, the Wisconsin Coat of Arms, any agency or other subunits of Wisconsin state government, or any state official or employee, for commercial promotion is strictly prohibited.

Cooperative Purchasing and Piggybacking Wisconsin Statutes (s. 16.73, Wis. Stats.) established authority to allow Wisconsin municipalities to purchase from State contracts. For cooperative bidding purposes, a Vendor Agreement is highly desired for this RFB.

Please complete Attachment G, DOA 3832 of the Bid Document and return with your bid. Additional units may

WISCONSIN DEPARTMENT OF BID 510486

be purchased by agreeing to extend the contract to other municipalities and state agencies through piggybacking.

2 BIDDER QUALIFICATIONS AND REQUIREMENTS

To be eligible for a contract award, you must be qualified and able to provide the following:

Check the Comply or Does Not Comply boxes in this section and return with your bid.

2.1 Bidder shall have a minimum of five (5) years’ experience in providing Drug and Alcohol Testing Services to the transportation industry.

Comply Does Not Comply

2.2 Bidder shall have a minimum of five (5) years’ experience in providing Drug and Alcohol Testing Services to the transportation industry.

2.3 Bidder must supply references of four (4) agencies within the public transportation industry, where services, as outlined below, have been provided during the past five (5) years. Use Attachment G, DOA-3832 to list references. WisDOT employees must not be listed as references.

1. Drug and alcohol testing services including MRO and SAP services

2. Compliance experience with DOT 49 CFR Part 40, as amended

3. Compliance experience with 49 CFR Part 655, as amended

2.4 Bidder shall meet all requirements and DOT regulations 49 CFR Parts 40 and 655, as amended.

2.5 Bidder shall have personnel necessary to perform the services required under this contract for all hours of Purchaser transit service and facility operation and such personnel shall be qualified, experienced, and licensed as required by laws and regulations to perform drug and alcohol testing and other related services.

2.6 Pursuant to WI State Statute 16.705, all services provided under this contract must be performed in the United States.

2.7 Bidder must submit verifiable documentation of certificates, permits, and licenses relating to the requirements within the bid documents. See Section 3 - Specifications.

WISCONSIN DEPARTMENT OF BID 510486

2.8 Bidder must disclose if any State of Wisconsin employee would provide services relating to the agreement resulting from this solicitation. See Supplemental Standard Terms and Conditions (Attachment H, DOA 3054), Section 4.0, Dual Employment or 5.0, Employment.

2.9

The awarded bidder shall be able to provide reports on all products purchased against an awarded contract.

Reports shall be provided in the format and timeframe as requested. See Section 5.9.

2.10 Bidder must complete and sign Attachment C - Bidder Response Sheet.

3 SPECIFICATIONS

The following specifications are minimum acceptable requirements. All specifications are defined as mandatory minimum requirements unless otherwise stated. The WisDOT Purchasing Unit reserves the right to delete any specification or condition of bid if no bidder is able to comply with a given specification or condition of bid. Failure to meet specification requirements may disqualify your bid.

Bid 510486 requires the selected Contractor to be responsible for executing all aspects of each Purchaser’s drug and alcohol testing program pursuant to 49 CFR Parts 40 and 655, as amended.

At time of bid, the Bidder must describe the method used for addressing each of the following requirements. These requirements will be deemed either pass or fail by a designated Subject Matter Experts

• All attachments, documents, price sheet, etc. submitted as part of a bid submission must include bid number 510486.

• Bid specifications may not be revised without an official written addendum issued by the WisDOT Purchasing Unit.

Statement of Work at Time of Bid

The purpose of this section is to validate the Vendor will meet all specifications and it’s price sheet is inclusive of all required Specifications.

Vendors are required to submit a written Statement of Work (SOW) at the time of bid detailing the work activities, deliverables, and timeline that the Vendor will use to perform services in accordance with the specifications of this RFB. The SOW must include all deliverables listed in Section 3, Specifications.

In this statement of work, vendor must identify the range of drug and alcohol services performed by the Bidder and provide service agent/subcontractor information to be utilized in the performance of the contract.

WISCONSIN DEPARTMENT OF BID 510486

Lead Executive Contact Information Vendor must provide the name and contact information for the lead executive of the contract services.

Vendor’s Account Representative Experience Vendor must describe the Vendor’s Account Representative/designated point of contact’s experience (minimum of five (5) years) in the administration of DOT regulated testing programs, in accordance with 49 CFR Part 40, as amended and comprehensive knowledge of FTA regulations (Part 655), as amended.

Staffing Specifications Vendor must provide name(s) of personnel/project manager who will be responsible for executing an agreement with each Purchaser for the provision of contract services. A copy of the list must be provided at the following times:

• At the time of bid.

• Annually on the Contract start date via email to the designated WisDOT Contract Manager.

• At the time of any employee turnover via email to the designated WisDOT Contract

Manager.

Vendor Location Vendor must provide the location of the office or facility from where the project services will be administered, including each of the following functions: Vendor’s administrative services (including billing) and random section process.

Organizational Chart Vendor must provide organizational chart showing the staffing and lines of authority for key personnel within the organization to include oversight of subcontractors/service agents. Organizational chart should also include service agents/subcontractors and their functions.

Bid Price Bidder must submit Attachment F – Price Sheet. The lowest bidder will be determined by the total bid price.

Bids may be disqualified if the price sheet is altered and not completed as designed. See Section 7.4 Method of Award for more information.

Service Agent Information Vendor must provide service agent/subcontractor information to be utilized in the performance of the contract.

3.8.1 Collection Sites

• Provide list of collection site/facilities and their proximity to the operating base/garages of each of the current Wisconsin consortium member transit systems (Purchaser). Collection site must be available within 30 minutes of every Purchaser garage location (Exhibit 1); if not, as near as possible.

o Include facility name, address, services provided (e.g., drug testing, alcohol testing, both).

o If no collection site is currently available, indicate the methodology to be used to locate facilities.

• Describe method used to ensure collection site personnel and Breath Alcohol Technicians (BATs) have completed qualifications and training, including error correction and refresher training in accordance

WISCONSIN DEPARTMENT OF BID 510486

with 49 CFR 40, as amended.

• Describe methods used to keep personnel informed, updated, and knowledgeable about DOT/FTA regulation requirements.

3.8.2 Laboratory

• Identify primary lab and secondary lab.

o Provide the facility names, addresses, phone.

• Provide documentation of HHS laboratory certifications.

• Describe the services performed by the primary and secondary laboratories.

3.8.3 Medical Review Officer (MRO)

• Identify the name and contact information for the MRO and back up MRO to perform the work.

o A backup MRO must be provided and available to act in the absence of the primary MRO.

o Include qualification and certification documentation for each MRO.

• Describe the procedures for the MRO(s) to remain up to date on current, relevant issues and complete continuing education training schedule.

• Describe how MROs and delegated MRO support staff performing any function associated with this contract are responsible for compliance with the procedures established in 49 CFR Part 40, as amended.

o MRO duties include, but are not limited to, reviewing confirmed tests, and analyzing test results, notifying employees of positive, substitute, or adulterated test results, verifying legitimate medical explanations for substance(s) present, notifying labs of employee split specimen test results, notifying employer and employee of split sample test results, requesting additional analyses of adulterated specimens, and verifying positive results.

o The MRO(s) or MRO staff must report test results directly to the Purchaser’s Designated Employer Representative (DER)/Drug and Alcohol Program Manager (DAPM) without going through the Contractor (unless the Purchaser elects to receive reports through Contractor). The MRO should be readily available to discuss test results and related information with the Purchaser’s DER/DAPM, as necessary.

3.8.4 Substance Abuse Professional (SAP)

• Identify SAP(s) available to perform SAP services.

• Include certification records for each SAP.

• Describe services provided by the SAP.

Proficiency in 49 CFR Parts 40 and 655 Vendor must provide detailed summary describing how executive personnel, related personnel, and service agents have been trained in accordance with 49 CFR Parts 40 and 655, as amended, and describe methods used by executive personnel, related personnel, and service agents to remain informed, updated, and knowledgeable of DOT/FTA regulation requirements.

Bid Opportunity List Vendor must complete Attachment E – Bid Opportunity List showing the vendor (also known as the prime contractor) and subcontractors.

DOT Compliance Certification Vendor must complete Attachment C – Bidders Response Sheet certifying the vendor and all service agents are not excluded from service for Department of Transportation (DOT) drug and alcohol testing due to non-compliance with the issuance of a Public Interest Exclusion per 49 CFR Part 40, as amended.

WISCONSIN DEPARTMENT OF BID 510486

Compliance of Service Agents Vendor must provide detailed summary describing methods used to ensure the compliance of collection sites, MRO(s), SAP(s), and the selected Contractor’s staff.

Specimen Collection, Drug and Alcohol Testing Vendor must provide detailed summary of the multiple collection sites the vendor will use throughout the State capable of handling all required tests (including after-hours collection sites). Collection sites should be located within close proximity (within a 30-minute drive; if not, as soon as possible) to each of the individual Purchaser’s base of operations and additional offices/garages, as applicable as identified in Exhibit 1.

Data Management Vendor must provide detailed summary describing the database used to maintain data for each Purchaser’s safety-sensitive employees consistent with recordkeeping requirements in 49 CFR Parts 40 and 655, as amended. The database should be updated monthly to ensure that the pool size accurately reflects variations in the safety-sensitive work force. At a minimum, the database should include the following information -employee name, employee identifying number, safety-sensitive position, transit system location/address.

Random Selection Process Vendor must provide detailed summary describing an overview of the random selection process that will be used consistent with the Specifications.

Transmission of Test Results Vendor must provide detailed summary of the safeguards used to correctly report test results and to ensure that the confidentiality and integrity of the process will not be compromised (e.g., methods used to communicate results via a secure and confidential manner to service agents, Purchasers, safety-sensitive employees).

Error Correction Process Vendor must provide detailed summary of methods used to ensure that correctable flaws are corrected in accordance with 49 CFR Part 40.203, 40.205, and 40.269. Vendor must provide detailed summary describing the method that will be used to review one hundred percent (100%) of testing forms for errors. Describe the method used to issue correction affidavits and to effectively monitor the quality and compliance of service agents. Corrective affidavit methodology must meet or exceed requirements set forth in 49 CFR Part 40, as amended.

Reporting Vendor must provide detailed summary of methods used to prepare, compile, maintain, and distribute quarterly and annual testing data and summary reports to Purchaser and WisDOT per recordkeeping requirements in 49 CFR Parts 40 and 655, as amended.

Billing Practices Vendor must provide detailed summary describing billing practices and methods used to ensure accurate billing with Purchaser.

WISCONSIN DEPARTMENT OF BID 510486

Implementation Schedule Vendor must provide an implementation schedule to assume drug and alcohol testing services for each Purchaser identified in Exhibit 1 consistent with the requirements outlined in the bid document beginning on January 1, 2023.

Sample Forms Contractor must provide samples of forms, reports, etc., which will be used in the performance of this contract.

• Purchaser-Contractor contract/agreement

• Invoice/Billing statement

• Test Results Letter/Report

• Shy Lung Evaluation Letter/Report

• Shy Bladder Evaluation Letter/Report

• Cancelled (by Laboratory) Drug Letter/Report

• Split Sample Result Letter/Report

• Corrective action letter (collection site error – drug and/or BAT)

• Quarterly summary report of laboratory urinalysis and test results

• Semi-annual statistical summary of laboratory urinalysis and test results

• Other samples deemed appropriate

4 Contract Deliverables The Contractor must perform all aspects of an existing Drug and Alcohol Testing Program for Wisconsin transit system and prospective transit systems in accordance with DOT regulation, 49 CFR Part 40, as amended "Procedures for Transportation Workplace Drug and Alcohol Testing Programs" and FTA regulation, 49 CFR Part 655, as amended "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations".

Wisconsin transit services operate seven days a week, with hours varying by transit system. Urine collections and breath alcohol testing must be conducted as required by the federal regulations during all days and hours transit systems employee perform safety-sensitive functions.

Drug and alcohol testing and related services must be performed in compliance with DOT and FTA regulations in accordance with the terms, conditions and specifications defined herein, during the term of the contract. The Contractor must comply with all applicable medical standards, Federal, State, and local government safety codes, laws, and regulations, relating to drug and alcohol testing. The Contractor must remain current with all regulatory requirements and make necessary procedural adjustments to comply with regulatory changes.

Per DOT 49 CFR Parts 40 and 655, as amended drug and alcohol testing services must cover the following testing categories: pre-employment, random, reasonable suspicion, post-accident, return-to-duty, and follow up. Drug tests must be conducted consistent with 49 CFR Part 40, as amended at a minimum testing for Marijuana (THC), Cocaine, Amphetamines and Methamphetamines (including MDMA and MDA), Opioids, and Phencyclidine (PCP).

All deliverables in this section are considered the minimum deliverable for the services required. The following contract deliverables must be met at no additional cost above the pricing provided in the Bid. Failure to meet any minimal deliverables may result in the disqualification of the Bid. In the event no Contractor is able to meet individual specifications, the State reserves the right to continue the review of Bids and to select the Bid that most closely meets the specifications detailed in this RFB.

WISCONSIN DEPARTMENT OF BID 510486

Bidders Response Sheet Attachment C - Bidder Response Sheet will be the Contractor’s attestation that they are able to perform the mandatory deliverables.

Before the award of any Contract, the Department shall be satisfied that the Contractor has sufficient qualified resources available for performing the work described in this Bid. It is the Contractor’s responsibility to acquaint the Department with these qualifications by submitting appropriate or supporting documentation.

Consultation The contractor must provide consultation services to WisDOT and Purchaser regarding drug and alcohol testing per 49 CFR Parts 40 and 655, as amended to WisDOT and Purchaser.

Proficiency in 49 CFR Parts 40 and 655 Contractor’s executive personnel, related personnel, and service agents must be trained in accordance with 49 CFR Parts 40 and 655, as amended, and will remain informed, updated, and knowledgeable of DOT/FTA regulation requirements.

Compliance of Service Agents Contractor must ensure the compliance of collection sites, MRO(s), SAP(s), and the selected Contractor’s staff.

Collection Sites Collection sites must be capable of handling all required drug and alcohol tests.

Collection sites must provide all necessary personnel, materials, equipment, facilities, and storage space to conduct tests in a manner consistent with DOT regulations and accommodate testing at short notice, on the same day.

Collection Site Proximity Collection sites must be located in close proximity to the operating base office (within a 30-minute drive; if not, as near as possible) for each Purchaser identified in Exhibit 1.

• The Purchaser and Contractor must mutually agree upon collection site(s) before a collection site becomes a permanent collection site(s) for the contract period.

• Within 30 days of the bid award, the Contractor must submit to WisDOT for review and approval, the list of collection sites mutually agreed upon by the Purchaser and Contractor.

• Collection sites must be added or deleted as necessary to accommodate changes in the Wisconsin

Consortium.

Collection Hours Collection services must be available during all hours Purchaser’s safety-sensitive employees are on duty. If the primary collection site for each of the transit systems is not open during all-hours testing is to be performed, an alternative method for after-hours collections must be provided.

Certified Laboratory Contractor must establish testing by a laboratory which has been certified by the Department of Health and Human Services (HHS)/Substance Abuse Mental Health Services Administration (SAMHSA) using proper chain-of-custody procedures and in compliance with 49 CFR Part 40, as amended. The laboratory must conduct validity testing in accordance with HHS requirements. Such laboratory must remain certified throughout the term of this

WISCONSIN DEPARTMENT OF BID 510486

contract.

Contractor must provide the services of a second HHS-certified laboratory for the testing of split specimens. The second laboratory must meet the same requirements as those specified for the primary laboratory.

Contractor must develop procedures for the transfer of the split specimen from the primary laboratory to the secondary laboratory taking precautions to ensure the integrity of the split specimen test is not compromised or the specimen is not lost or mishandled.

Contractor must transmit test results to MRO in a timely manner, preferably the same day that review by the certifying scientist is completed.

Medical Review Officer The Contractor must provide the services of a Medical Review Officer (MRO) and backup MRO in case the primary MRO is unavailable. The MRO must be responsible for the implementation of procedures established in 49 CFR Part 40, as amended, and adhere to the requirements in 49 CFR Part 655, as amended pertaining to the role of the MRO.

The Contractor must ensure the MROs will:

• Be a licensed physician with appropriate credentials by a nationally recognized certification organization, knowledgeable in substance abuse disorders, and with appropriate medical training to interpret and evaluate a positive test result together with the medical history and any other relevant biomedical information of the donor.

• Complete qualifications training and examination, in accordance with the regulations, prior to assignment to this contract.

o Requalification training and examination is required at lease every five (5) years, in accordance with the regulations, to continue assignment to this contract.

• Remain current with any changes to the regulations or to DOT MRO Guidelines, including SAMHSA guidelines and industry experience with new drugs/metabolites, masking agents, adulterants, interaction, etc.

• Not have ownership or financial interest in any laboratory used by the Purchaser for its substance abuse testing.

• Maintain strict confidentiality of all test results in accordance with 49 CFR Part 40, as amended and related regulatory subparts.

• Notify employees of positive, substitute, or adulterated test results, scrutinize lab results, and verify legitimate medical explanations for the substance(s) present.

o Identify legally prescribed mediation(s) that would, in the MRO’s reasonable medial judgment, likely make the employee medically unqualified or would likely pose a significant safety risk and follow procedures as prescribed in 49 CFR Part 40, as amended.

• Notify labs of employee split specimen test results, notify employer and employee of split sample test results, request additional analyses of adulterated specimens, and verify opiate positives.

• Notify appropriate Purchaser consistent with the requirements set forth in 49 CFR part 40, as amended.

o The MRO(s) or MRO staff must report test results and discuss confidential medical information directly with the Purchaser’s Designated Employer Representative (DER)/Drug and Alcohol Program Manager (DAPM) without going through the Contractor (unless the Purchaser elects to receive reports through Contractor). The MRO should be readily available to discuss test results and related information with the Purchaser’s DER/DAPM, as necessary.

• Review one hundred percent (100%) of testing forms for errors and use a corrective affidavit

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methodology that meets or exceeds requirements set forth in 49 CFR Part 40, as amended.

Substance Abuse Professionals (SAP) The Contractor must facilitate assistance with Substance Abuse Professional (SAP) services for Purchaser’s safety-sensitive employees in violation of DOT drug and alcohol regulations.

SAPs must be knowledgeable about the regulations in 49 CFR Part 40, as amended and qualified with appropriate credentials and certification.

SAPs must have completed qualifications training, examination, and continuing education training, in accordance with the regulations, prior to assignment to this contract. SAPs must remain current with any changes to the regulations or to DOT SAP Guidelines.

The SAP must contact the Purchaser’s Designated Employer Representative (DER)/Drug and Alcohol Program Manager (DAPM) directly with all return to duty/active status, follow up tests, and rehabilitation information. The SAP should be readily available to discuss related information with the Purchaser’s DER/DAPM, as necessary.

Drug Testing The Contractor must provide drug testing collection, analysis, MRO verification, and reporting for Wisconsin Consortium member transit systems in accordance with DOT and FTA regulations 49 CFR Parts 40 and 655, as amended.

The contractor must conduct urinalysis drug tests consistent with 49 CFR Part 40, as amended for the following substances:

• Marijuana (THC)

• Cocaine

• Amphetamines and Methamphetamines (including MDMA and MDA)

• Opioids

• Phencyclidine (PCP)

Based on the average number of tests conducted over the past three years (2019-2021), the Contractor must conduct a minimum of 310 drug tests quarterly from the following categories: pre-employment, random, reasonable suspicion, post-accident, return-to-duty, and follow up testing.

The Contractor understands and agrees the Purchaser does not guarantee a minimum or maximum number of drug analyses.

Drug Collection Process The Contractor must implement the collection process conforming to all applicable Federal and State requirements for split specimen urinalysis drug testing, recognizing that in the event of a conflict in law, the regulations in 49 CFR Part 40, as amended governs.

The Contractor must:

• Provide and utilize approved split sample urine collection kits for all urine collections.

• Implement procedures to minimize cancelled tests including chain of custody errors.

• Transport all specimens from the designated collection sites to the laboratory within 24 hours or the next business day of the time of collection. The Contractor must take precautions to ensure the integrity of the specimen is not compromised, lost, or mishandled.

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• Inform Purchaser in a timely manner of any critical problems, discrepancies, or irregularities regarding the collection process.

The Contractor must utilize urine collection personnel knowledgeable about the regulations and requirements of 49 CFR Part 40, 49 CFR Part 655, as amended and the current DOT Urine Specimen Collection Guidelines.

The Contract must ensure urine collection personnel in accordance with the regulations:

• Complete qualifications training and proficiency demonstration, prior to assignment to this contract.

• Complete refresher training required at least every five (5) years from the date of satisfactory completion of initial qualification training.

• Complete error correction training, following every occurrence of a collector mistake in the collection process that causes a test cancellation.

• Remain current with regulatory changes.

Breath Alcohol Testing The Contractor must provide breath alcohol testing services in accordance with procedures in 49 CFR Part 40, as amended.

Based on the average number of tests conducted over the past three years (2019-2021), the Contractor must conduct a minimum of 50 breath alcohol tests quarterly from the following categories: pre-employment, random, reasonable suspicion, post-accident, return-to-duty, and follow up testing.

The Contractor understands and agrees the Purchaser does not guarantee a minimum or maximum number of alcohol screening analyses.

The Contractor must ensure tests are performed as soon as possible following test notification and results, both positive and negative, are immediately reported to Purchaser in a secure and confidential manner. Tests must be performed as soon as possible following notification of the need for a test. A confirmation test must be performed after fifteen (15) minutes of the initial test but no later than thirty (30) minutes after the initial test.

The Contractor must provide qualified Breath Alcohol Technicians (BATs) and Screening Test Technicians (STTs) during all times safety-sensitive employees are on duty. Contractor must make provisions for back-up BATs and STTs as necessary.

The Contractor must ensure that only qualified BATs/STTs conduct DOT alcohol tests.

• BATs and STTs must be knowledgeable about the alcohol testing procedures in 49 CFR Part 40, as amended and current DOT guidance.

• BATs and STTs must have completed qualifications training and proficiency demonstration, in accordance with the regulations, prior to assignment to this contract.

• Refresher training is required at least every five (5) years from the date of satisfactory completion of initial qualification training and proficiency demonstration, to continue assignment to this contract.

• The Contractor must ensure error correction training is performed, in accordance with the regulations, following the occurrence of a BAT/STT mistake that causes a test cancellation.

Equipment The Contractor must provide Evidential Breath Testing (EBT) devices approved by National Highway Traffic Safety Administration (NHTSA) identified on the USDOT’s Office of Drug and Alcohol Compliance (ODAPC)’s

WISCONSIN DEPARTMENT OF BID 510486

webpage for “Approved Evidential Breath Measurement Devices” in accordance with DOT and FTA regulations 49 CFR Part 40, as amended, and related subparts.

The Contractor must:

• Provide EBT devices in sufficient quantities and at locations necessary to provide complete service area coverage within the specified time requirement (preferably within a 30-minute drive; if not, as soon as possible).

• Ensure that EBT devices meet all certification requirements established in 49 CFR Part 40, as amended.

• Provide for all necessary maintenance and calibration of EBTs and perform an external calibration check after every confirmed positive test result.

• Make provisions for back-up EBTs as necessary.

Data Management and Random Selection Process The contractor must maintain an updated database of each Purchaser’s safety-sensitive employees.

• At a minimum, the database should include the following information on each employee: name, employee identifying number, safety-sensitive position, transit system location/address.

• The database should be updated monthly to ensure the pool size accurately reflects the safety-sensitive work force.

The Contractor may establish single and/or multiple random selection pools. Within 30 days of the bid award, the Contractor must submit to WisDOT for final review and approval, the random selection and data management process and procedure used for establishing the use of single and/or multiple pools.

The Contractor must provide random selection and data management as follows:

• Use a scientifically valid method such as a random number table or computer-based random number generation program to provide the date and list of employees to be tested for monthly random tests to each Purchaser, individually and separately.

• Generate random selections that reflect the testing rates as indicated in FTA regulation 49 CFR Part 655, as amended over the course of the contract.

o The minimum required testing percentages for random drug testing and random alcohol testing must be updated each year in accordance with those listed at www.transportation.gov/odapc/random-testing-rates.

o Currently, the Consortium as a whole is required to test on an annual basis at a minimum rate of fifty (50%) of the safety-sensitive pool for drugs and ten percent (10%) for alcohol.

o Random numbers must be generated in sufficient numbers to cover for long-term absences by employees selected for testing, incomplete tests, and cancelled tests.

Transmission of Test Results The Contractor must correctly report test results and ensure that the confidentiality and integrity of the process will not be compromised (e.g., methods used to communicate results via a secure and confidential manner to service agents, Purchasers, safety-sensitive employees).

The Contractor must ensure Purchaser is promptly informed of any problems, discrepancies, or irregularities regarding the collection process. All corrective action steps must follow 49 CFR Parts 40.203, 40.205, and 40.269 as amended.

http://www.transportation.gov/odapc/random-testing-rates

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Certification, Reporting, and Recordkeeping The Contractor must maintain qualification documentation of credentials/certification/licenses for all service agents that are approved and assigned for use. The qualification documentation must be provided to WisDOT, Purchaser, or a federal or state auditor, upon request.

The Contractor must provide summary information in compliance with recordkeeping needs stated in regulations 49 CFR Parts 40 and 655, as amended.

• The Contractor must provide a summary of laboratory confirmation data for test results and MRO verified test results within each quarter.

i. The summary shall contain the following information:

1. Number of specimens received for testing

2. Number of specimens confirmed positive by drug

3. Number of specimens for which a test was not performed

4. Total number of confirmed test results reviewed

5. Number of specimens verified negative

6. Number of specimens verified positive

7. Number of test refusals

8. Number of cancelled tests

9. Number of adulterated tests

10. Number of invalid tests; number of dilute tests

11. Number of substituted tests

12. Number of alcohol tests confirmed negative

13. Number of alcohol tests confirmed positive

14. Total number of confirmatory alcohol tests

15. Total number of safety-sensitive employees by classification tested (i.e. Revenue

Vehicle Operation, Revenue Vehicle Control/Dispatch, Revenue Vehicle & Equipment Maintenance).

• Contractor must provide an aggregate semi-annual statistical summary of laboratory urinalysis testing results and proficiency testing results to the Purchaser and WisDOT upon request. The summation report must be consisted with the reporting elements specified in 49 CFR Part 40, as amended.

• Contractor must assist Purchaser and WisDOT with preparation and submission of the annual Management Information System (MIS) report to FTA per 49 CFR Part 40, as amended to ensure completeness to federal submission requirements.

The Contractor must complete and submit to WisDOT an annual compliance report Exhibit 3 to WisDOT by July of each year and/or as specified.

Contractor must maintain testing records for the time periods specified (e.g., five years, two years, one year) in accordance with 49 CFR parts 40 and 655, as amended.

• The Contractor must maintain the following items for five (5) years or as required by law, in a secure area, complying with legal requirements:

o Alcohol tests of 0.02 or greater, positive drug tests, refusals to test, including Alcohol Testing Form (ATF)/drug Custody and Control Form (CCF), and MRO documentation as applicable.

o Medical explanations of inability to provide specimens.

o Documentation of significant safety risk determinations as described in Subpart G of 49 CFR Part

40, as amended (specifically, 49 CFR Part 40.135 and 40.327).

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• The Contractor must maintain the following items for two (2) years or as required by law, in a secure o Records of the inspection, maintenance, and calibration of EBTs.

o Random selection records.

o Agreements: testing collection, laboratory, MRO, Consortium.

o Records: MRO, Collectors, BAT, Laboratory, SAP.

• The Contractor must maintain the following items for one (1) year or as required by law, in a secure o Documentation of negative tests results.

o Alcohol test results <0.02

Billing Practices The Contractor must submit invoices (no less than quarterly) to each Purchaser for their specific services, consistent with the per unit price proposed in the Attachment F - Price Sheet.

Records/Audit/Litigation – Expert Testimony WisDOT must have the right to audit, review, examine, copy, and transcribe any pertinent records or documents held by the Contractor related to this contract. The Contractor must submit upon request records of all transactions conducted under the contract.

The Contractor must retain all applicable documents for a period of not less than five (5) years after the final contract payment is made. WisDOT reserves the right to inspect any facilities used to support this Contract.

In the event FTA selects either WisDOT or any member(s) of the Consortium (e.g., Purchaser) for an audit of the Wisconsin Drug and Alcohol Program, the Contractor must provide assistance with and cooperation in producing all required records and supporting documentation requested by FTA. The Contractor must also be available to address any questions or concerns FTA may have about the administration of Wisconsin's Drug and Alcohol Program.

The Contractor must ensure:

• The HHS Certified Laboratory personnel is available to provide expert testimony on all laboratory testing procedures in cases of litigation or arbitration.

• The MRO/Collection Site provides expert testimony on all breath alcohol test, urine collection and MRO procedures in cases of litigation or arbitration.

• Upon request by WisDOT or Purchaser, prepare a litigation package to include copies of all chain of custody documents, batch specimen review sheets, confirmation test data review file (graphic charts), resumes and credentials of all technicians involved in testing of specimens, laboratory testing report to include the initial screen and the confirmatory tests as applicable.

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5 SPECIAL TERMS AND CONDITIONS

Contract Quantities/New or Deleted Items Estimated annual quantities identified for each item on Attachment F – Price Sheet are for bid purposes only and are based on historical data. WisDOT does not guarantee to purchase any specific quantity. Bids that state WisDOT must guarantee a specific quantity or dollar amount may be disqualified.

WisDOT reserves the right to add to or remove from this contract services based on changes to standards unknown at the time of this bid. If additional services are added, contractor(s) prices must be (in line with) or (comparable to) current contract pricing for like services. Scope of work must be consistent with the current contract services.

Contractor should promptly notify the WisDOT Purchasing Unit of new or discontinued products.

Program Costs

It is understood by all parties that WisDOT is only acting on behalf of the Purchasers and is not directly responsible for any program costs. It is further understood the costs of services rendered (i.e., the costs of testing) will be paid by each Purchaser.