RFQ 631 - Amended Alcohol and Drug Testing Services.docx

IDAHO TRANSPORTATION DEPARTMENT

AMENDED - RFQ631

ALCOHOL AND CONTROLLED SUBSTANCE TESTING SERVICES

GENERAL INFORMATION

1. PURPOSE

The Idaho Transportation Department (ITD) is requesting Quotes from Vendors for alcohol and controlled substance testing services (Services) as further detailed below.

The purpose of this Request for Quote (RFQ) is to solicit Proposals for the administration and conduct of an alcohol and controlled substances testing program. The program, except as otherwise identified in this RFQ, must be pursuant to the Federal Motor Carrier Safety Administration (FMCSA) https://www.fmcsa.dot.gov/regulations/drug-alcohol-testing/overview-drug-and-alcohol-rules regulations in 49 CFR, Part 40 and Part 382, CFR 14 Part 120, FAA Drug & Alcohol Testing Program and the State of Idaho Employer Alcohol and Drug-Free Workplace Act. The program entails testing participating agency employees and applicants with Commercial Drivers Licenses (CDL) and safety sensitive positions for the use of alcohol and controlled substances. Such testing shall include pre-employment and initial employment testing, post-accident testing, random testing, reasonable suspicion testing and return-to-duty and follow-up testing. The resulting Contract will primarily be for employees and job applicants with CDL’s for the use of alcohol and controlled substances. Such testing includes pre-employment and initial employment testing, post-accident testing, random testing, reasonable suspicion testing and return-to-duty and follow-up testing.

2. SOLICITATION CONTACT

Name: Denise Cooley, PPS-CPPB Phone: 208 745 5652 Email: denise.cooley@itd.idaho.gov (preferred method of contact)

3. RESTRICTIONS ON COMMUNICATIONS

From the issue date of this RFQ, until a contract/purchase order is awarded or the RFQ is cancelled, vendors and their representatives are prohibited from communications (written or verbal) regarding this RFQ with the ITD staff, other than the ITD RFQ Lead. Any communications (written or verbal) with ITD staff other than the RFQ Lead may result in the submitting vendor being found Non-Responsible and Non-Responsive.

4. REQUIREMENTS & SPECIFICATIONS

See Attachment 1 – Scope of Work See Attachment 2 – Special Terms & Conditions See Attachment 3 – Signature Page See Attachment 4 – Price Sheet See Attachment 5 – Mandatory Questions

5. QUOTE

Your Quote may be submitted electronically via IPRO or email, (see below for additional details). Your Quote must include the Required Submittals listed below and be received prior to the deadline established in IPRO.

Electronic Submission:

IPRO – Enter your pricing in IPRO (https://purchasing.idaho.gov/information-for-vendors/) and upload all Required Submittals.

6. REQUIRED SUBMITTALS

See Attachment 4 – Price Sheet See Attachment 3 – Signature Page See Attachment 5 – Mandatory Questions

Though it is not mandatory to submit your Quotation electronically via IPRO, all vendors participating in a solicitation issued through IPRO must establish an account in the IPRO system (even if submitting a quote via email or other method outside of IPRO). It is free to establish an account and only takes a few minutes of your time.

7. AWARD

Award will be made, all or none, to the responsive responsible vendor with the lowest Total Cost. Submitting vendors must quote on all line items to be considered for award please see ATTACHMENT 4- PRICE SHEET.

8. QUANTITY

While the quantities provided within this RFQ are estimated annual quantities, and are used for evaluation and award purposes, actual quantities ITD purchases may vary; no minimum or maximum quantities are guaranteed or implied.

8.1 ITD reserves the right to order optional testing as indicated on Attachment 4 – Bid Schedule.

8.2 ITD reserve the right to request pricing for additional Services as needed.

9. CONTRACT TERM

Initial Term of Contract and Renewals: Two (2) year. Upon mutual, written agreement, the Contract may be renewed, extended or amended. The anticipated total Contract term is six (6) years with a maximum life time contract spend of $149,999.99.

ATTACHMENT 1 – SCOPE OF WORK

RFQ631

1. Management, Administration, and Record Keeping

1.1 Reports and Forms

All reports and forms identified in Section 1 must comply with 49 CFR, Parts 40 and 382 (https://www.transportation.gov/odapc/part40) & (https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-382?toc=1). The Contractor must provide and utilize the following forms:

(See Section 1.14.13 below) (can be fulfilled by the Chain-of-custody form)

1.1.6 DOT Drug Testing Semi-Annual Laboratory Report (required by CFR Appendix D to Part 40)

1.2 Record Keeping Process

At minimum, Quoters must provide a description of its record keeping process that includes a web-based audit system that provide access to ITD’s DER Designated Employer Representative(s). The Contractor’s web-based audits system must provide ITD designated personnel full access to all CCF’s.

1.3 Duplicate Off-Site Record Keeping

To provide security of reports and records, a duplicate off-site record keeping system must be maintained by the Contractor. Contractor must report verified positive, adulterated, controlled substances test results, as well as refusals to take a drug test to the FMCSA Drug and Alcohol Clearing House. (https://www.fmcsa.dot.gov/regulations/commercial-drivers-license-drug-and-alcohol-clearinghouse)

1.4 Random Number Selection Program

The Contractor must manage and administer controlled substance testing and alcohol testing for Group 1 (See Attachment 2 Section 2.1) utilizing a computer-based random number selection program. The random number selection program must comply with the requirements for such a program as defined in 49 CFR, Parts 40 and 382. On a monthly basis, the Contractor must generate and provide to ITD a list of Employees that were selected via the Contractor's computer-based random number selection program. The percentages of Employees to be tested must be in compliance with the percentages identified in 49 CFR, Part 382.305. Additionally, ITD requires random tests to be further sorted by Districts as detailed in Appendix A below. ITD reserves the right to require additional sorting criteria.

1.5 Provision of Reports and Records

The Contractor must provide reports and records required by FMCSA regulations to ITD within the time constraints imposed upon ITD by FMCSA regulations https://www.fmcsa.dot.gov/.

1.6 Guidance and Expertise

At no additional cost, the Contractor must supply guidance and expertise to ITD’s personnel on matters relating to this program. Guidance and expertise must be via telephone consultation or email, at a minimum.

1.7 Customer Service Contact Number

The Contractor must provide a toll-free telephone number to a twenty-four (24) hour customer service center for ITD personnel to contact for verification of cases of reasonable suspicion or post-accident cases and to determine the action to be taken.

1.8 Disposition of Records after Contract Termination

After termination or expiration of the Contract, at ITD’s request, the Contractor must forward all records pertaining to its Applicants and Employees to ITD or to the new Contractor as directed by ITD.

1.9 Specimen Collection and Alcohol Testing

The Contractor must provide the following:

1.9.6.1 A temperature-controlled environment and provide a waiting room with seating available for ITD’s Applicants and Employees. The waiting room must be separate from specimen collection and breath alcohol testing areas.

1.9.6.2 The Contractor must provide free parking adjacent to each site.

1.9.7 Changes to Sites

ITD may choose to add to or delete from the list of cities in the Contract during the life of the Contract. If any change to the list is initiated by ITD during the term of the Contract, it will go into effect upon mutual, written agreement between ITD and the Contractor.

1.9.7.1 The Contractor must provide updates when testing sites change.

1.9.7.2 Regardless of any changes to the list, the Contractor must comply with the requirements of the Contract.

1.9.8 Expanded On-Site Testing

ITD may expand their requirements for on-site specimen collections and alcohol testing, both during customary business hours, and during after-hours and on weekends. If any change is initiated by ITD during the term of the Contract, it will go into effect upon mutual, written agreement between ITD and the Contractor.

1.9.9 Authorization Forms and Chain-of-Custody Forms

The Contractor must supply at its collection and testing sites authorization forms for each ITD Applicant or Employee to complete prior to testing. The Contractor must also supply these forms either a hard copy or electronic format to ITD’s Safety Manager or an ITD employee designated by the Safety Manager.

1.9.9 Breath Alcohol Testing

Sites at which alcohol testing will be conducted shall have trained Breath Alcohol Technicians (BAT) meeting the requirements of 49 CFR, Parts 40.211 and 40.213. Evidential Breath Testing (EBT) devices must be listed on the National Highway Traffic Safety Administration conforming products list (found at http://www.nhtsa.gov ), and alcohol test procedures must conform to the requirements of 49 CFR, Part 40, Subparts K, L, M and N.

1.9.9.1 The Contractor must comply with any future changes to 49 CFR, Parts 40.211, 40.213 and Subparts K, L, M and N and any other changes to 49 CFR, Part 40 made by FMCSA that apply to BAT training, education or certification requirements and alcohol test procedures.

1.9.9.2 ITD does not accept Saliva Alcohol Testing and the Contractor must not perform this test under the resulting Contract.

1.9.10 Transportation of Specimens to Testing Laboratory

The Contractor must provide overnight transportation for all specimens from the sites to the testing laboratory via certified courier.

1.9.11 Monitoring of Sites and Laboratories

The Contractor must have a robust ongoing monitoring processes in place that evaluates 49 CFR, Part 40 compliance and the integrity of all sites and the laboratories that will be utilized for services under this contract. The Contractor must provide all reports of its findings to ITD upon request.

1.9.12 Blind Performance Test Specimens

The Contractor must submit blind performance test specimens to the laboratory in accordance with 49 CFR, Part 40.103 and 40.105. The Contractor must comply with all future changes to 49 CFR, Part 40.103 and 40.105 and any other changes to 49 CFR, Part 40 made by FMCSA that apply to the submission of blind performance test specimens to the laboratory.

1.9.13 49 CFR, Part 40 Requirements The Contractor must ensure that all sites have a copy of 49 CFR, Part 40 and that the employees working at those sites understand its requirements. Site personnel must have been trained in compliance with 49 CFR, Part 40 prior to performing the services required in the Contract and must be regularly engaged in the business of providing the required controlled substances and alcohol testing.

1.9.14 Inspections

ITD shall have the right to conduct on-site inspections of the sites at its discretion with no advance notice to the Contractor. ITD shall be granted unrestricted access to all areas of the sites.

1.9.15 No Charge for Rejected or Unfit Specimens

The Contractor must not charge for the handling of rejected specimens or those otherwise unfit for testing.

All laboratories utilized under the Contract must comply with the requirements of 49 CFR, Part 40, Subpart F.

1.10.2 SAMHSA Certification

The laboratory(ies) utilized by the Contractor must be currently certified by the Substance Abuse and Mental Health Services Administration (SAMHSA) https://www.samhsa.gov/and must maintain such certification for the life of the Contract. Any certification changes during the term of the Contract must be immediately communicated to ITD.

1.10.3 Testing and Storage of Specimens

For controlled substance testing pertaining to CDL’s (governed by 49 CFR, Part 40 and Part 382), the laboratory must conduct testing and storage of specimens (primary and split specimens as defined in 49 CFR, Part 40) according to 49 CFR, Part 40, Subparts F and H.

The laboratory must have, at minimum, one qualified Ph.D. forensic toxicologist in its staff that will provide litigation assistance, including expert witness testimony and depositions, as needed by ITD.

1.10.5 Laboratory Authorized Personnel List

The laboratory must provide a list of all authorized personnel (individuals having access to those areas used for receiving, testing and storage of urine specimens, laboratory supervisors with the authority to sign for and take control of urine specimens, and delivery personnel) to ITD.

1.10.6 Laboratory Personnel Certifications, Licenses, and Job Descriptions The laboratory must maintain and make available to ITD copies of all pertinent certifications and licenses held by laboratory personnel performing or overseeing the testing activities pertaining to the Contract. The laboratory must also supply job descriptions for laboratory personnel upon request from ITD.

1.10.7 Laboratory Equipment

Laboratory equipment used to fulfil the requirements of the Contract must be maintained in good working order and to industry standards.

1.10.8 Laboratory Records

For controlled substance testing pertaining to CDL’s (governed by 49 CFR, Part 40 and Part 382), the laboratory must maintain all records that pertain to the Contract for the appropriate period of time to comply with 49 CFR, Part 40.99 and 40.109 and upon request must supply such records to ITD.

1.10.8.1 The Contractor must comply with all future changes to 49 CFR, Part 40.99 and 40.109 and any other changes to 49 CFR, Part 40 made by FMCSA that apply to the record retention requirements for laboratory records.

1.10.8.2 For records relating to specimens that do not pertain to CDL’s (not governed by 49 CFR, Part 40 and Part 382), the Contractor must maintain records pertaining to those specimens in accordance with all other applicable laws.

1.10.9 Availability of SAMHSA Inspection Reports

The laboratory must provide ITD all SAMHSA inspection reports upon request.

1.10.10 Drug Detection Limits Pertaining to CDL’s

For controlled substance testing pertaining to CDL’s (governed by 49 CFR, Part 40 and Part 382), drug detection limits (drug detection limits are also referred to as cut-off levels in this document) must comply with 49 CFR, Part 40.87. The Contractor must comply with all future changes to this regulation and any other changes to 49 CFR, Part 40 made by FMCSA that apply to drug detection limits.

1.10.11 Drug Detection Limits, Non-CDL

For controlled substance testing that does not pertain to CDL’s, the Offeror shall provide with its Quote a list of all of the drug types and cut-off levels for which it can test. The Quote must address whether or not there are specific panels (groupings of drugs for which tests will be conducted) required by the Contractor, or, if ITD can require its own panels.

Please also specifically address steroid testing and opioid testing in your response to this subsection.

1.10.13.2 Confirmatory positive test results must be reported to the Contractor-designated Medical Review Officer within forty-eight (48) hours. The Medical Review Officer must then interview the pertinent Employee or Applicant either in person or via telephone call. Results must be transmitted to ITD no later than the next business day.

1.10.13.3 Positive test results must be provided ITD’s designated contact person within forty-eight (48) hours of confirmation by the MRO(s). Initial contact may be done by telephone with a follow-up fax transmission.

1.10.14 Quality Control Program

The laboratory must have a quality control program, and the Contractor must keep a copy of the quality control program on file and provide a copy to ITD.

1.10.15 Proof of Credentials

Proof of credentials of all laboratory directors and technicians must be kept by the Contractor, and the Contractor must provide a copy to ITD when requested by ITD.

1.10.16 Confidence of Information

The Contractor shall require that the laboratory (whether the laboratory is owned by the Contractor or subcontracted) maintain Applicant and Employee test records in confidence. (For controlled substance testing pertaining to CDL’s, this is provided for in 49 CFR, Part 40.329.) The laboratory must disclose information related to a positive drug test to the individual that provided the specimen, ITD, or the decision maker in a lawsuit, grievance, or other proceeding initiated by or on behalf of the individual that provided the specimen and arising from a certified positive drug test.

1.10.17 Medical Review Officer (MRO) Services

All Medical Review Officers utilized under the Contract must comply with the requirements of 49 CFR, Part 40, Subpart G.

1.10.18 Medical Review Officer Certifications

The Contractor must provide, as part of its services, a Certified Medical Review Officer (MRO), listing the MRO’s name and certification(s). The MRO shall be certified by one or more of the three recognized MRO authorities, which are the American Association of Medical Review Officers, the American Society of Addiction Medicine, or the American College of Occupational and Environmental Medicine.

1.10.19 Required Medical Review Officer Information

The Contractor must provide ITD the name, location, hours of operation, and regular and emergency telephone numbers for each MRO.

1.11 Training

The Contractor must provide training in compliance with 49 CFR, 382.603 and provide training to ITD when changes to 49 CFR, Part 40 and Part 382 cause a need for a change in procedures. This training may be provided by the Contractor in person at ITD sites, scheduled with ITD’s contact person. Alternatively, the Contractor may provide ITD an online training video. If the Contractor chooses to provide a training video, no later than thirty (30) calendar days after the first day of the term of the Contract, it must supply at no cost to ITD, and update the videos as training content is updated.

ATTACHMENT 2 - SPECIAL TERMS AND CONDITIONS

1 PRICING, RENEWALS and PRICE ADJUSTMENT

1.1 The initial term of the Contract is two (2) years. After the initial Contract term and upon mutual agreement, the parties may renew the Contract on an annual basis for up to three (3) additional two-year periods. Any renewal after the expiration of the offered firm/fixed price renewals shall not exceed a three percent (3%) increase over the previous year’s renewal term. All other terms and conditions shall remain in effect for all renewals unless the Contract is amended by mutual written agreement.

1.2 Prices must be firm for twelve (12) months from the effective date of the Contract.

1.3 A price adjustment may be considered after the one (1) year of the initial term of the Contract, and every one (1) year thereafter. If a price increase is requested, it will be the responsibility of the Contractor to notify DOP and ITD sixty (60) calendar days in advance of the desired effective date and provide supporting documentation showing industry wide increases justifying the request. DOP will notify Contractor whether the request is approved within thirty (30) calendar days of receipt of the request.

2 GROUPS TO BE TESTED

The Contract includes the testing of three (3) different Groups for controlled substances and alcohol.

2.1 Group 1 - The first group will consist of approximately six hundred to seven hundred (600 to 700) current participating agency employees that possess a Commercial Driver’s License and who are covered by the FMCSA regulations. Employee names will be provided to the Contractor by ITD for inclusion in a Contractor-provided computer-based random selection program managed and administered by the Contractor as detailed in this RFQ.

2.2 Group 2 - The second group will consist of ITD applicants or employees needing controlled substance and/or alcohol testing prior to employment in a position that requires a CDL, but not included in the random testing pool.

2.3 Group 3 - The third group will consist of ITD Employees who are not covered by DOT requirements (not working in a job that requires a CDL). The Contractor may be required to perform pre-employment, random, post-accident, reasonable suspicion, return-to-duty, and follow-up testing for controlled substances or alcohol on Employees categorized in this third group as needed by ITD.

3.2 The Contractor must submit its invoice, within thirty (30) calendar days after Acceptance, to the billing contact identified on the Contract. Invoices submitted prior to acceptance, or without the required information listed below, will be returned to the Contractor for correction and resubmission.

The following information must be included with each invoice:

3.2.1. Contract Name and Number

3.2.2. Invoice Number and Date

3.2.3. Contractor Contact Information

3.2.4. Description must contain the following:

3.2.4.1. Type of test

3.2.4.2. Name of Employee tested

3.2.4.3. Employee ID or Driver’s License number

3.2.4.4. Date of test

Please email all invoices to: HQAP@itd.idaho.gov

4 ADDITIONAL DOCUMENTS OR AGREEMENTS PERTAINING TO WEB-BASED SYSTEMS

Quoter’s must submit with its Quote all documents and/or agreements pertaining to any web-based system that the Offeror proposes to have incorporated into any resulting Contract. If the Quoter expressly conditions its Quote upon the State’s acceptance of its additional documents and/or agreements, its Quote may be deemed nonresponsive. The State will not accept any documents and/or agreements submitted after the RFQ Closing Date. If the Quoter attempts to submit additional documents and/or agreements after the RFQ Closing Date, and conditions its Quote upon the State’s acceptance of those additional documents and/or agreements, its Proposal will be deemed nonresponsive. The State will not accept terms that allow Offeror to make unilateral amendments to any resulting Contract.

5 CLICK-THROUGH LICENSING PROHIBITED

5.1. The State will not accept “click through” acceptance of software licensing terms either initially or through updates.

5.2. The State will only consider the terms and conditions (if any) applicable to any proposed web-based system if the Offeror submits them in writing as part of its Quote.

5.3. Please note that the State will require substantive changes to private company terms and conditions that include clauses such as indemnification, termination and/or entire agreement clauses. Also note that for any clauses pertaining to governing law, the governing law must be that of the state of Idaho, with the jurisdiction being in Ada County. Failure of the Offeror to make the changes required by the State (see subsection 6.13, Clarification Period Prior to Award) may render that Offeror’s Proposal as non-responsive.

6 INSURANCE

Prior to starting work under the contract (or as otherwise designated by the Purchasing Activity), the Contractor must provide certificates of insurance required herein and will maintain the insurance during the life of the Contract. There are no provisions for exceptions to this requirement. Failure to provide the certificates of insurance within the requisite time period may be cause for cancellation of the contract.

Contractor shall carry liability and property damage insurance that will protect it and the State of Idaho from claims for damages for bodily injury, including accidental death, as well as for claims for property damages, which may arise from operations under the Contract whether such operations be by themselves or by anyone directly or indirectly employed by either of them.

Contractor shall not commence work under the Contract until it obtains all insurance required under this provision and furnishes a certificate or other form showing proof of current coverage to the State. All insurance policies and certificates must be signed copies. After work commences, Contractor will keep in force all required insurance until the Contract is terminated.

6.1 Commercial General and Umbrella Liability Insurance. Contractor shall maintain Commercial General Liability (CGL) and, if necessary, Commercial Umbrella insurance with a limit of not less than $1,000,000 each occurrence. If such CGL insurance contains a general aggregate limit, it shall apply separately to this Contract.

6.1.1 CGL insurance shall be written on ISO occurrence form CG 00 01 (or a substitute form providing equivalent coverage) and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract).

6.2 Commercial Automobile and Commercial Umbrella Liability Insurance. Contractor shall maintain Commercial Automobile Liability and, if necessary, Commercial Umbrella Liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any auto (including owned, hired, and non-owned autos).

6.2.1 Quoter or offeror may request a waiver from providing Commercial Automobile and Commercial Umbrella Liability Insurance in its Quote or proposal if the Quoter or offeror will not use any owned, hired or non-owned vehicles to conduct business under the contract, if it is awarded the contract, and the State of Idaho will consider the request. If the Quoter or offeror submits a request to waive the provision of Commercial Automobile and Commercial Umbrella Liability Insurance after the due date and time for receipt of Quotes or proposals, the State of Idaho may not consider the request.

6.3 Workers Compensation Insurance and Employer's Liability. Contractor shall maintain workers compensation and employer's liability. The employer's liability shall have limits not less than $1,000,000 each accident for bodily insurance by accident, $1,000,000 disease policy limit, and 1,000,000 disease, each employee.

6.3.1 Contractor must provide either a certificate of workers compensation insurance issued by a surety licensed to write workers compensation insurance in the State of Idaho, as evidence that the contractor has in effect a current Idaho workers compensation insurance policy, or an extraterritorial certificate approved by the Idaho Industrial Commission from a state that has a current reciprocity agreement with the Idaho Industrial Commission.

6.4 State of Idaho as Additional Insured: The liability insurance coverage required for performance of the Contract shall include the State of Idaho, the (agency) and its divisions, officers and employees as additional insured, but only with respect to the Contractor's activities to be performed under this Contract.

6.4.1 The Contractor must provide proof of the State of Idaho, the (agency) and its divisions, officers and employees being additional insured by providing endorsements to the liability insurance policies showing the State of Idaho, the (agency) and its divisions, officers and employees as additional insured. The endorsements must also show the policy numbers and the policy effective dates.

6.4.2 If a liability insurance policy provides for automatically endorsing additional insured when required by contract, then, in that case, the Contractor must provide proof of the State of Idaho, the (agency) and its divisions, officers and employees being additional insured by providing copies of the policy pages that clearly identify the blanket endorsement.

6.5 Notice of Cancellation or Change: Contractor shall ensure that should any of the above described policies be cancelled before the expiration date thereof, or if there is a material change, potential exhaustion of aggregate limits or intent not to renew insurance coverage(s), that written notice will be delivered to the Division of Purchasing (if the Contract was issued by the Division) or to the Purchasing Activity (contracting state agency) in accordance with the policy provisions.

6.6 Contractor shall further ensure that all policies of insurance are endorsed to read that any failure to comply with the reporting provisions of this insurance, except for the potential exhaustion of aggregate limits, shall not affect the coverage(s) provided to the State of Idaho, and its divisions, officers and employees.

6.7 Acceptable Insurers and Deductibles: Insurance coverage required under the Contract shall be obtained from insurers rated A-VII or better in the latest Bests Rating Guide and in good standing and authorized to transact business in Idaho. The Contractor shall be financially responsible for all deductibles, self-insured retention's and/or self-insurance included hereunder. The coverage provided by such policy will be primary to any coverage of the State on or related to the contract and shall provide that the insurance afforded applies separately to each insured against whom a claim is made, except with respect to the limitation of liability

6.8 Waiver of Subrogation: All policies shall contain waivers of subrogation. The Contractor waives all rights against the State and its officers, employees, and agents for recovery of damages to the extent these damages are covered by the required policies. Policies may contain deductibles, but such deductibles will not be deducted from any damages due to the State.

6.9 Cyber Insurance: For work that includes technology Contractors, cloud-based computing, data storage, payment processing, personal protected information, etc., Contractor shall maintain Cyber Insurance covering claims resulting from wrongful acts committed in the performance of, or failure to perform, all services under the agreement, including, without limitation, claims, demand, and any other payments related to electronic or physical security, breaches of confidentiality and invasion of or breaches of privacy.

This coverage is to include Internet Media Liability including cloud computing and mobile devices, for protection of private or confidential information whether electronic or non-electronic, network security and privacy; privacy against liability for system attacks, digital asset loss, denial or loss of service, introduction, implantation or spread of malicious software code, security breach, unauthorized access and use; including regulatory action expenses; and notification and credit monitoring expenses with at least the minimum limits listed below:

Each Occurrence – $1,000,000 Network Security / Privacy Liability –$1,000,000 Breach Response/ Notification Sublimit – A minimum limit of 50% of the policy aggregate Technology Professional E&O – $1,000,000 (Only applicable for Vendors supplying IT consulting services)

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

For claims made policies the Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work; insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work; if coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

7 CONFIDENTIALITY OF DATA

All financial, statistical, personal, technical and other data and information relating to the State's operation which are designated confidential by the State and made available to the Contractor in order to carry out this Contract, or which become available to the Contractor in carrying out this Contract, shall be protected by the Contractor from unauthorized use and disclosure through the observance of the same or more effective procedural requirements as are applicable to the State. The identification of all such confidential data and information as well as the State's procedural requirements for protection of such data and information from unauthorized use and disclosure shall be provided by the State in writing to the Contractor. If the methods and procedures employed by the Contractor for the protection of the Contractor's data and information are deemed by the State to be adequate for the protection of the State's confidential information, such methods and procedures may be used, with the written consent of the State, to carry out the intent of this paragraph. The Contractor shall not be required under the provisions of the paragraph to keep confidential any data or information which is or becomes publicly available, is already rightfully in the Contractor's possession, is independently developed by the Contractor outside the scope of the Contract or is rightfully obtained from third parties.

8 ACCEPTANCE

8.1. Documenting Acceptance - ITD’s Contract Monitor will be responsible for documenting Acceptance, in writing. This will be emailed to the Contractor’s Contract Manager as proof of Acceptance and approval to proceed with the invoicing procedures and required in Section 3, METHOD OF PAYMENT & INVOICING.

8.2. Documenting Non-Compliance - ITD’s Contract Monitor will be responsible for documenting non-compliance, in writing, using Attachment 5 - Contract Discrepancy Notice. This document will be emailed to the Contractor’s Contract Manager, providing details for each discrepancy that require corrective action. Invoicing shall not occur until non-compliance has been corrected.

8.3. Correcting Non-Compliance - After receipt of the Contract Discrepancy Notice, the Contractor’s Contract Manager must respond, using the document, explaining how and when each discrepancy will be corrected. All discrepancies must be corrected and brought back into compliance with the Contract within thirty (30) calendar days after receipt of the notice from ITD. If the Contractor does not correct the discrepancies within this timeframe, ITD reserves the right to take further remedial action as detailed in Section 9, Remedial Action.

9 REMEDIAL ACTION

In addition to any remedies available to the State under law or equity, the State may at its sole discretion require one (1) or more of the following remedial actions if any of the service does not conform to the Contract requirements: 1) require the Contractor to take corrective action to ensure that performance conforms to the Contract requirements, 2) require the Contractor to subcontract all or part of the Contract at no additional cost to the State, 3) withhold payment or require payment of actual damages caused by the Discrepancy, 4) terminate the Contract pursuant to Section 10 below, Termination of Contract, in addition to any remedies imposed by the State.

If ITD must perform or hire a separate contractor to perform any of the Contract’s requirements, which is the responsibility of the Contractor under the terms of the Contract, ITD may withhold the actual cost to ITD from the Contractor’s payment(s).

For Fiscal Necessity – See Section 1.18, Termination for Fiscal Necessity, of the State of Idaho Standard Terms and Conditions.

10.2 For Convenience – Either party may terminate this Contract for its convenience at any time upon providing its written notification at least ninety (90) calendar days prior to the desired termination date.

10.3 The Contractor’s sole obligation shall be to complete the delivery of any Orders placed prior to receiving (or providing) a written notice of termination. ITD’s sole responsibility shall be to pay for Orders placed prior to receiving (or providing) a written notice of termination.

11 ORDERS

Orders will be placed on an as needed basis by ITD via an ITD purchase/delivery order (Order). The Contractor must confirm receipt of each Order and provide an estimated delivery date within forty-eight (48) hours after receipt of each Order from ITD. Each Order will indicate the item(s) to be delivered to the delivery location specified in Section 1, Delivery.

12.2 Implementation

The Quoter must provide a “implementation” transition plan that describes how the Quoter would transition from the current contracted service delivery to the Quoter’s service delivery in accordance with the requirements of this RFQ. Quoter’s must provide a transition timetable demonstrating how the Quoter will complete transition (to include start-up and contract implementation) within ninety (90) calendar days of the award of the Contract. The transition plan must contain a timetable with start-up and implementation deliverables and milestones, must identify transition team members, and address the following functions and concerns and the method of their control:

12.2.1. Provision of forms to ITD.

12.2.2. Billing and payment processes.

12.2.3. Training on the Contractor’s procedures and processes relating to specimen collection, transport, documentation and reporting, as well as documentation and reporting of alcohol tests. The method of training to be used must be identified. Training on customer service structure and hours of operation. The method of training to be used must be identified.

12.3 Project Transition

The Contractor must develop a Transition Plan acceptable to ITD that complies with the requirements of this section.

12.3.1 The objectives of the Transition Plan are to minimize disruption of services provided to ITD and to provide for an orderly and controlled transition of the Contractor’s responsibilities to a successor at the conclusion of the contract period or for any other reason the Contractor cannot complete the responsibilities of the contract.

ITB631

ATTACHMENT 5 – MANDATORY QUESTIONS

ALCOHOL AND CONTROLLED SUBSTANCE TESTING SERVICES

The following questions are mandatory for Quote submission and Quoter responses will be evaluated on a pass/fail basis to ensure their compliance with this RFQ, FMCSA regulations, and 49 CFR, Parts 40 and 382.

Pass – Submitting vendor has answered and provided documentation for all questions to ITD’s satisfaction Fail – Submitting vendor has failed the answer or provide documentation for one or more questions.

1 Experience The Quoter must have at minimum 5 years’ experience providing Alcohol and Controlled Substance Testing services as detailed in this RFQ. Quoter’s must submit the following for which services are and were provided under the Quoter’s current company name or identity and any previous or parent company name or identity. Provide a list of all contracts under which the Quoter is providing or has provided similar services. The list must include: Clients name and duration of the Contract.

2 Organizational History and Structure The Quoter must include a description of the its organization including its history and organizational structure. Such information shall include, but is not limited to, the company name, the legal status of the company, the length of time in business (include any previous names by which the company conducted business), home office address and phone number, and Idaho office address and phone number (if different from home office).

3 Account Manager Experience

3.1. The Quoter must include a description of the experience of its proposed Account Manager that qualifies them to provide the services required in this RFQ. The Quoter’s proposed Account Manager must have at least two (2) years of experience in managing accounts for Alcohol and Controlled Substance Testing services under a contract of a least the scope identified in this RFQ. The scope of the contract(s) must include multiple specimen collection sites.

3.2. The Quoter must also identify the position title of the person in its organization that will be responsible for providing regulation updates, the means to be used for update service, and the frequency of regulation update service on an ongoing basis (whether or not updates will be provided as they become available, or other frequency).

4 Subcontractors Describe the extent to which subcontractors will be used to comply with the Contract’s requirements. Include a detailed description of how the subcontractors are anticipated to be involved under the Contract. Include a description of how the Quoter will ensure that all subcontractors will meet the Contract’s requirements. Quoter’s must disclose the location of the subcontractor’s business office. If the Quoter utilizes any entity other than the entity submitting the Quote to provide any of the services required by this RFQ, the relationship between the two entities is considered that of a contractor-subcontractor for the purpose of this subsection, regardless of whether a relationship is based on an actual written contract between the two entities. Quoter’s that will not be using any subcontractors must state so in their Quote in response to this sub section. Laboratories and specimen collection sites not owned by the Quoter are to be considered as subcontractors. Subcontractor's entity and qualifications must meet the federal requirements in 49 CFR, Part 382 and Part 40. Evidence of such must be supplied in the Quote.

5 Reports The Quoter’s response must include sample copies of all reports and forms identified in the Scope of Work, of this RFQ to be utilized.

The following is a list of the forms for which samples must be provided with the Quote:

5.1. Authorization form

5.2. Chain-of-custody form

5.3. Quarterly Report

5.4. Test Result Report: Laboratory to MRO Report (can be fulfilled by the Chain-of-custody form)

5.5. Test Result Report: MRO to Agency Report (can be fulfilled by the Chain-of-custody form)

5.6. DOT Drug Testing Semi-Annual Laboratory Report

5.7. Split Specimen Failure to Reconfirm Alcohol Testing Form

5.8. The Contractor must also provide all necessary forms for controlled substance testing that does not pertain to CDL’s (not governed by 49 CFR, Part 40 and Part 382).

6 Record Keeping The Quoter must provide information on its duplicate off-site record keeping systems and describe how they are maintained in compliance with 49 CFR, Parts 40 and 382.

7 Testing Sites The Quoter must indicate the distance from each city listed on Appendix A to its nearest collection and testing site. (See Appendix A)

7.1. The Quoter must include a list of its sites that it proposes to provide, with the address, the hours of operation, and telephone numbers (to include after-hours emergency telephone numbers for the sites that provide twenty four [24] hour specimen collection, Breath Alcohol Testing, or both) for each with its Quote. The list must also identify for each site any weekend availability, and whether or not alcohol tests are administered at the site in addition to specimen collection.

7.2. The Quoter must identify in its Quote which of its sites are mobile sites.

8 Alcohol Testing Procedures & BAT’s The Quote must specify the procedures to be utilized for alcohol testing. The Quoter must also provide their written qualifications to perform BAT’s.

10 Overnight Transport The Quoter must specify how overnight transport of specimens to the testing laboratory will occur and describe the shipping devices and equipment (specimen bottles and shipping containers) to be used that will…