RFP_40100-51430_Amendment_1_QC_Final.pdf

RFP # 40100-51430 – Amendment # 1 Page 1 of 6

STATE OF TENNESSEE

TRANSPORTATION

REQUEST FOR PROPOSALS # 40100-51430

AMENDMENT # 1

FOR DRUG SCREENING SERVICES

DATE: June 10, 2025

RFP # 40100-51430 IS AMENDED AS FOLLOWS:

1. This RFP Schedule of Events updates and confirms scheduled RFP dates. Any event, time, or date containing revised or new text is highlighted.

EVENT

TIME

(central time zone)

DATE

1. RFP Issued May 14, 2025

2. Disability Accommodation Request Deadline 2:00 p.m. May 19, 2025

3. Pre-response Conference 10:00 a.m. May 21, 2025

4. Notice of Intent to Respond Deadline 2:00 p.m. May 22, 2025

5. Written “Questions & Comments” Deadline 2:00 p.m. May 28, 2025

6. State Response to Written “Questions & Comments”

June 10, 2025

7. Response Deadline 2:00 p.m. June 30, 2025

8. State Completion of Technical Response Evaluations

July 11, 2025

9. State Opening & Scoring of Cost Proposals 2:00 p.m. July 15, 2025

10. Negotiations (Optional) July 16 – 18, 2025

11. State Notice of Intent to Award Released and RFP Files Opened for Public Inspection

2:00 p.m. July 22, 2025

12. End of Protest Period July 29, 2025

13. State sends contract to Contractor for signature

July 30, 2025

14. Contractor Signature Deadline 2:00 p.m. August 4, 2025

2. State responses to questions and comments in the table below amend and clarify this RFP.

RFP # 40100-51430 – Amendment # 1 Page 2 of 6

Any restatement of RFP text in the Question/Comment column shall NOT be construed as a change in the actual wording of the RFP document.

RFP

SECTION

PAGE

QUESTION / COMMENT STATE RESPONSE

General N/A

1. Who is the current vendor providing these services? National Toxicology Specialists Inc

General N/A

2. What is the current pricing structure under the existing contract?

The current structure is the same as the cost structure offered in this RFP, with the one exception that the RFP is requesting an additional line, “Employee and Supervisory Virtual Training”. This is the only new or different line from the previous contract.

General N/A

3. What is the projected volume, or actual testing volume for the year 2024?

2024 Testing

Random: 896 / BAT: 281

Fitness for Duty: 63

Pre-employment: 68

Follow-up: 36

Post-accident: 105

Return to duty: 10

RFP

Attachment 6.3

Pg. 28

4. Under the requirement for

“Fitness for Duty Review to be provided by the Medical Review Officer when prescription or over-the-counter drugs are self-reported by an employee or when requested by the State” — could you please clarify:

Is this review expected to be performed by the Medical Review Officer (MRO) or a licensed medical examiner/physician?

Per 49 CFR Part 40 Section 40.121, an MRO must be a licensed physician and have basic knowledge in specific areas related to substance abuse and drug testing areas. As long as the reviewer meets the CFR requirements, they do not also need to be the designated MRO.

General N/A

5. What is the current number of employees for the FMCSA random pool?

1,398

General N/A

6. Will State of TN DOT share anticipated (or historical) volumes by exam type (Pre, Random, Follow Up, etc.)?

The State is unable to provide anticipated 2025 volumes for testing types other than random testing: Approximately 1,380

2024 Testing

Random: 896 / BAT: 281

Fitness for Duty: 63

Pre-employment: 68

Follow-up: 36

Post-accident: 105

Return to duty: 10

General N/A

7. What is the current number of employees in non-safety sensitive positions that will be a part of the Non Regulated random pool?

General N/A

8. How much lead time is provided once random selections are made and onsite testing is required is there to schedule an onsite collector?

TDOT provides the employee list for random testing at least 1 – 2 months in advance

RFP # 40100-51430 – Amendment # 1 Page 3 of 6

PAGE

QUESTION / COMMENT STATE RESPONSE

General N/A

9. The RFP does not define a subcontractor, therefore, it is assumed that a Contractor’s Network of Affiliated Providers and Vendors is not classified as a subcontractor. Offeror notes our existing Network of Providers consists of clinics, labs, hospitals, urgent care centers, health care offices, and individuals that perform an exam or collection. This relationship is captured in a provider service agreement which ensures that our affiliates are compliant with all federal and state regulations and maintain proper licensure to perform services. Please confirm the State does not consider affiliated network providers as subcontractors.

The State does not consider affiliated network providers as subcontractors.

General N/A

10. Would the gov’t consider allowing no smaller than 8 pt font for graphics and 10 pt font for tables?

10 pt font for graphics and tables is acceptable but the State will decline to allow any font smaller than 10 pt font.

General N/A

11. Will the State please provide a transcript of the pre-bidders conference?

The information provided in the Pre-Response Conference is not considered official or binding;

therefore, the PowerPoint and its contents are not available at this time. The Pre-Response Conference PowerPoint can be reviewed during the open file period after a Notice of Intent to Award has been released.

RFP

Attachment 6.6, Pro Forma Contract, A.4.b

Pg. 38 12. Page 38 A.4. Description of TPA Services (b. Collection Sites) “The Contractor's approved collection site list is included as Attachment Two to this Contract. The Contractor shall provide advance written notice to the State should any information in Attachment Two change during the term of the Contract.”

Question: Will the State consider removing the requirement for the Contractor to provide advance written notice to the State regarding any changes to the collection site list (Attachment Two)?

Given the operational nature of these changes, could we allow for more flexibility without the need for formal notification during the contract term?

The State declines to make this change. The State will continue to require advance written notice of any changes to the collection site list as there may be operational concerns that need to be addressed prior to any modification.

RFP

Attachment 6.6, Pro Forma Contract, A.4.b

Pg. 38 13. Page 38 A.4. Description of TPA Services (b. Collection Sites) “The Contractor shall provide and coordinate all testing services twenty-four

(24) hours per day, seven (7) days per week for unscheduled post-accident and reasonable suspicion testing. The

The State declines to make this change. Due to the typically irregular schedules worked by many TDOT employees and the State’s operational needs during emergency situations, the one (1) day requirement will not be extended.

RFP # 40100-51430 – Amendment # 1 Page 4 of 6

PAGE

QUESTION / COMMENT STATE RESPONSE

Contractor shall provide its after-hours contact information to the State. Should this contact information change during the term of the Contract, the Contractor shall notify the State in writing within one (1) day.”

Question: Would the State consider extending the notification requirement to three business days?

RFP

Attachment 6.6, Pro Forma Contract, A.4.m

Pg. 43 14. Page 43. RFP Section A.4.m, Employee and Supervisory Training Question: Will the State please provide additional details on the topics and type(s) of training that are required for the Employees and Supervisors?

Is there existing training material that will be provided to the successful offeror or will materials need to be developed? Please provide additional detail to enable offerors to appropriately respond to and price this requirement.

In accordance with the Supervisor training requirements of DOT 49 CFR Part 382.603, the training should include, but is not limited to, the effects of drugs and alcohol in the workplace, the Supervisor’s responsibilities, drug and alcohol testing processes, effects of common drugs and alcohol, signs and cues related to drug / alcohol use, and the understanding and implementation of reasonable suspicion testing.

The above training may be provided in a standalone video format, though in-person training may also be required.

Materials will not be provided. Any relevant material will need to be created by the Contractor.

RFP

Attachment 6.6, Pro Forma Contract, C.7

Pg. 46 15. Page 46 C.7. Invoice Requirements. “The Contractor shall invoice the State only for goods delivered and accepted by the State or services satisfactorily provided at the amounts stipulated in Section C.3., above. Contractor shall submit invoices and necessary supporting documentation, no more frequently than once a month, and no later than thirty

(30) days after goods or services have been provided.”

Question: Would the State consider removing or negotiating at award, the Contractors requirement to submit invoices no later than thirty (30) days after goods or services have been provided?

A 30-day turn-around can be challenging due to the time required to collect documentation, conduct internal quality assurance, and coordinate with any subcontractors.

The State declines to make this change or negotiate this requirement.

RFP

Attachment 6.6, Pro Forma Contract, D.7

Pg. 48 16. Page 48 D.7 Assignment and Subcontracting. “The Contractor shall not assign this Contract or enter into a subcontract for any of the goods or services provided under this Contract without the prior written approval of the State. Notwithstanding any use

The State declines to remove the requirement for prior written approval for subcontracting or contract assignment.

RFP # 40100-51430 – Amendment # 1 Page 5 of 6

PAGE

QUESTION / COMMENT STATE RESPONSE

of the approved subcontractors, the Contractor shall be the prime contractor and responsible for compliance with all terms and conditions of this Contract. The State reserves the right to request additional information or impose additional terms and conditions before approving an assignment of this Contract in whole or in part or the use of subcontractors in fulfilling the Contractor’s obligations under this Contract.

Question: Will the state consider removing the requirement for prior written approval from the State for subcontracting or contract assignment? Specifically, could we allow for more flexibility in the use of subcontractors without needing State approval for each individual arrangement, provided that the prime contractor remains responsible for overall compliance with the contract terms? This could streamline operations and reduce delays without compromising the integrity of the contract.

RFP

Attachment 6.6, Pro Forma Contract, D.13

Pg. 50 17. Page 50 D.13. Progress Reports “The Contractor shall submit brief, periodic, progress reports to the State as requested.”

Question: Please provide a sample of what is requested for a progress report.

The State does not require a specific filetype for the progress report, and these reports can be based on either specific testing types or a summary of all testing types over a certain period of time.

For random testing, the State requests the number of employees tested, number of employees selected, and percentage of employees tested in relation to end of year testing requirements. The above information may change depending on needs and the State will coordinate with the Contractor to determine requirements.

For other testing types (e.g. post-accident, follow-up, fitness for duty, after hours, etc.), the State will coordinate with the Contractor on what information will be included in the reports, but typically, the State would require total counts broken down by region (regional information provided by the State).

RFP

Attachment 6.6, Pro Forma Contract, D.32

Pg. 53 18. Page 53 D.32 Insurance Question: Is the State willing to negotiate the Insurance thresholds and requirements listed in this section?

The State is not willing to negotiate the insurance thresholds and requirements.

RFP

Attachment 6.6, Pro

Pg. 57 19. Page 57 E.2 Additional lines, items, or options (a) “After the Contractor receives a written

The State will not consider removing this requirement. Ten (10) business days not only

RFP # 40100-51430 – Amendment # 1 Page 6 of 6

PAGE

QUESTION / COMMENT STATE RESPONSE

Forma Contract, E.2 request to add lines, items, or options, the Contractor shall have ten (10) business days to respond with a written proposal.”

Question: Will the State consider removing the ten (10) business days to respond to allow for flexibility and holidays?

accounts for holidays but is enough time to provide what is required.

3. Delete RFP Attachment 6.6 Pro Forma Contract section A.4.m. in its entirety and insert the following in its place (any sentence or paragraph containing revised or new text is highlighted):

A.4.m. Employee and Supervisory Training.

The Contractor shall provide virtual training or in person training, at the State’s discretion, at applicable Contract rates, as agreed upon by the State and Contractor. The Contractor shall ensure that each day of in-person classroom training provided is comprised of two

(2) separate classes, each lasting three (3) hours, which will be delivered for employees on site in each of the four (4) TDOT Regions (Knoxville, Chattanooga, Nashville, Jackson). Additional training may be provided by the Contractor at the Contract rate as the State and Contractor may agree. Training material shall be In accordance with the Supervisor training requirements of DOT 49 CFR Part 382.603., The training should include, but is not limited to, the effects of drugs and alcohol in the workplace, the Supervisor’s responsibilities, drug and alcohol testing processes, effects of common drugs and alcohol, signs and cues related to drug / alcohol use, and the understanding and implementation of reasonable suspicion testing.

4. RFP Amendment Effective Date. The revisions set forth herein shall be effective upon release. All other terms and conditions of this RFP not expressly amended herein shall remain in full force and effect.