S-44300-00012831 final~3.pdf

RFP #S-44300-00012831– Drug Testing Services

STATE OF OREGON

COVER PAGE

OREGON HEALTH AUTHORITY (OHA)

OREGON STATE HOSTPITAL (OSH)

Is issuing this Request for Proposals (RFP) under OregonBuys Bid Number S-44300-00012831 for

“DRUG TESTING AND URINALYSIS SPECIMEN COLLECTION SERVICES”

Date of Issue: 4/25/2025

Opening Date and Time: 5/27/2025 3pm

Single Point of Contact (SPC): Paul Yakis

Address: 500 Summer St NE, E-03 City, State, Zip Salem, OR 97302 E-mail: paul.yakis@dhsoha.state,or.us

The State of Oregon promotes equal opportunity for all individuals without regard to age, color, disability, marital status, national origin, race, religion or creed, sex or gender, sexual orientation, or veteran status.

mailto:paul.yakis@dhsoha.state,or.us

RFP #S-44300-00012831– Drug Testing Services

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 SINGLE POINT OF CONTACT (SPC)

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

2.3 OVERVIEW AND PURPOSE

2.4 SCOPE OF WORK/SPECIFICATIONS

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM SUBMISSION REQUIREMENTS

3.2 PROPOSAL REQUIREMENTS

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

4.2 PRE-PROPOSAL CONFERENCE

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

4.4 SOLICITATION PROTESTS

4.5 PROPOSAL DELIVERY OPTIONS

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

4.7 PROPOSAL DUE

4.8 PUBLIC OPENING

4.9 PROPOSAL REJECTION

4.10 EVALUATION PROCESS

4.11 POINT AND SCORE CALCULATIONS

4.12 RANKING OF PROPOSERS

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.2 INTENT TO AWARD PROTEST

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

5.4 CONTRACT NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

6.1 CERTIFIED FIRM PARTICIPATION

6.2 GOVERNING LAWS AND REGULATIONS

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

6.4 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

6.5 COST OF SUBMITTING A PROPOSAL

6.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

6.7 RECYCLABLE PRODUCTS

LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E COBID CERTIFICATION/OUTREACH PLAN

ATTACHMENT F RESPONSIBILITY INQUIRY

EXHIBIT 1 SUBMITTAL FORM

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Oregon Health Authority, (“Agency”), is issuing this Request for Proposals to seek proposals from qualified and accredited Contractors to provide drug testing and urinalysis specimen collection service(s) for pre-employment and reasonable suspicion drug testing for OSH employees and contracted staff at Junction City and Salem hospital campuses.

Drug testing and urinalysis specimen collection services for pre-employment will be conducted at proposer’s facility and for reasonable suspicion OSH employees and contracted staff will be on-site at OSH’s hospital campuses on a 24/7 basis.

Additional details on the Scope of the goods or services or both are included in the Scope of Work/Specifications section.

Agency anticipates award to one or more Contractor(s) from this RFP.

The initial term of the Contract is anticipated to be three (3) years with options to renew up to 5 years.

1.2 SCHEDULE

The table below represents a tentative schedule of events. All times are listed in Pacific Time. All dates listed are subject to change. N/A denotes that event is not applicable to this RFP.

Event Date Time

Questions / Requests for Clarification Due 5/13/2025 3PM

Answers to Questions / Requests for Clarification Issued (approx.) 5/20/2025

RFP Protest Period Ends

7 calendar days prior to RFP Closing

Opening (Proposal Due) Identified on the Cover Page

Award Protest Period Ends 7 calendar days after Notice of Intent to Award

1.3 SINGLE POINT OF CONTACT (SPC)

The SPC for this RFP is identified on the Cover Page, along with the SPC’s contact information.

Proposer shall direct all communications related to any provision of the RFP only to the SPC, whether about the technical requirements of the RFP, contractual requirements, the RFP process, or any other provision.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

Agency is issuing this RFP pursuant to its authority under ORS 413.033.

Agency is using the Competitive Sealed Proposal method, pursuant to ORS 279B.060 and OAR 137- 047-0260. Agency may use a combination of the methods for Competitive Sealed Proposals, including optional procedures: a) Competitive Range; b) Discussions and Revised Proposals; c) Revised Rounds of Negotiations; d) Negotiations; e) Best and Final Offers; and f) Multistep Sealed Proposals.

2.2 DEFINITION OF TERMS

For the purposes of this RFP, capitalized words are defined in OAR 125-246-0110 or as defined below.

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

OSH is committed to providing a workplace free from the effects of inappropriate drug use (see definition of drug below, which includes alcohol). Drugs which impair or threaten to impair job performance, or which create a risk to health or safety, are prohibited in the workplace. OSH’s Drug and Alcohol-Free policies and procedures, is applicable to all staff, including employees, volunteers, trainees, interns, contractors, vendors, and other state employees assigned to work at

OSH.

OSH recognizes that a healthy and drug-free environment can contribute to a more productive, stable, and safe environment for OSH staff and patients. To reduce potential harm, injuries, and lost work time, OSH is required to ensure compliance with the following policies and procedures

1. 5.001 Drug and Alcohol-Free Workplace

2. 5.001 - Attachment A OSH Background Check and Drug Screening Requirements

3. 5.001 - Attachment B Staff Impairment Assessment Form

4. 5.001 - Procedures A Staff Impairment Reporting and Assessment

5. 5.001 - Procedures B Processing and retention of drug screening 1.18.24

OSH has two campuses, one in Salem and one in Junction City, OSH serves more than 1,500 people per year and employs more than 2,000 staff.

Hospital-level care includes: 24-hour, on-site nursing, psychiatric and other credentialed professional staff, treatment planning, pharmacy, laboratory, food and nutritional services, vocational and educational services.

2.3.2 Purpose

OSH is requesting proposals from qualified and accredited laboratories or third-party administrators to provide laboratory drug testing for pre-employment and on call and on-site reasonable suspicion drug testing services at the following facilities:

Oregon State Hospital – Junction City 29398 Recovery Way Junction City, Oregon 97448 Oregon State Hospital – Salem 2600 Center Street NE Salem, Oregon 97301

2.4 SCOPE OF WORK/SPECIFICATIONS

Drug testing and urinalysis specimen collection services for pre-employment and reasonable suspicion for OSH employees or contracted staff that provide accurate, timely and comprehensive assessment of unauthorized substance use. Reasonable suspicion drug testing and urinalysis specimen collection services for OSH employees or contracted staff is required to be available 24/7 within a 2-hour response time to donor’s place of employment. Pre-employment drug testing and urinalysis specimen collection services will be performed at Proposer’s designated collection sites.

2.4.1 Drug Testing Requirements

https://www.oregon.gov/oha/OSH/Policies/5.001%20Drug-free%20Workplace/5.001%20Drug%20and%20Alcohol-Free%20Workplace%20.pdf https://www.oregon.gov/oha/OSH/Policies/5.001%20Drug-free%20Workplace/5.001%20-%20Attachment%20A%20OSH%20Background%20Check%20and%20Drug%20Screening%20Requirements.pdf https://www.oregon.gov/oha/OSH/Policies/5.001%20Drug-free%20Workplace/5.001%20-%20Attachment%20B%20Staff%20Impairment%20Assessment%20Form%20.pdf https://www.oregon.gov/oha/OSH/Policies/5.001%20Drug-free%20Workplace/5.001%20-%20Procedures%20A%20Staff%20Impairment%20Reporting%20and%20Assessment.pdf https://www.oregon.gov/oha/OSH/Policies/5.001%20Drug-free%20Workplace/5.001%20-%20Procedures%20B%20Processing%20and%20retention%20of%20drug%20screening%201.18.24.pdf

2.4.1.1 Testing Types

a) pre-employment

b) post-accident

c) reasonable suspicion

d) random

e) return-to-duty

f) follow-up

2.4.1.2 Result Reporting

a) Test results should be made available and reported within twenty-four hours from collection, excluding weekends/holidays, for negative results and forty-eight hours from collection, excluding weekends/holidays, on specimens in need of confirmation testing.

b) Results should be made available to be pulled from a web-based drug testing application and have the ability to be faxed to OSH requestor within the indicated reporting timeframes.

c) The final result report shall include:

• Donor Name

• Agency/Sub-Agency

• Specimen Identification Number

• Type of Sample

• Collection Date/Time, Received in Lab Date/Time & Reported Date/Time

• Medications listed on collection form, if designated

• Collection Site where the sample was collected and by which collector

• Location of specimen testing

• Test results including result levels, outcome, method of testing, cutoff levels, validity testing results and any pertinent notes/comments.

• All final confirmed results must be signed off by a certifying scientist.

2.4.1.3 Validity Testing. All specimens must be routinely examined for evidence of dilution and adulteration. Every sample must be tested and reported on for the following validity testing:

• Creatinine

• Specific Gravity

• pH

• Nitrate

2.4.1.4 Confirmation Testing. All urinalysis specimens that initially screen positive for an immunoassay screen must be confirmed using an instrumented confirmation test, such as gas chromatography/mass spectrometry (GC/MS) or liquid chromatography/mass spectrometry (LC/MS) if requested.

2.4.1.5 Breadth of Testing. The ability to test for the full range of substances that are likely to be used by OSH employees or future employees is imperative to ensure compliance with OSH 5.001 Drug and Alcohol-Free Workplace.

2.4.1.6 In addition, it is critical for the vendor to stay up to date on the latest drug trends, work on being able to conduct new tests and provide competitive pricing as they come available.

2.4.1.7 Laboratory Certification Requirements.

a) The testing laboratory must obtain the federally required Clinical Laboratory

Improvement Amendments(CLIA) license and abide by applicable Joint Commission standards.

b) The vendor must have an Oregon State Business License and be able to provide services in the State of Oregon.

2.4.2 Collection Services

Collect observed urinalysis specimens from donor in accordance with ADA guidelines and ORS Chapter 659A and OAR 839.005.

2.4.2.1 Collection Sites

a) Must be accredited and meet industry standards.

b) Must maintain a clean and secure environment with appropriate facilities for specimen collection.

c) Must have local specimen collection sites sufficient to limit travel time to and from a collection site for current or future employees at either the Junction City or Salem campus.

d) Must ensure accurate and complete chain of custody forms be used to track the specimen from collection to testing, ensuring its integrity throughout the process.

e) Hours of operation must be from M-F from 7:00 a.m.-6:00 p.m. except for Federal and State of Oregon recognized holidays.

f) Appropriate safeguards shall be used to ensure confidentiality of records by limiting access to all testing records and patient information to authorized individuals.

2.4.2.2 Reasonable Suspicion Drug Testing and Urinalysis Specimen Collection Services- 24/7 On-call, On-Site

a) Will be administered to currently employed OSH and contracted staff.

b) Collection site will either be at Junction City or Salem Campus depending on location of donor.

c) Must be available 24/7 365 days/year for on-call, on-site drug testing and urinalysis specimen collection services by trained and accredited collectors for each OSH campus.

d) Response time must be within a 2-hour window from the time of notification from OSH via email or telephone call.

2.4.2.3 Collection Site Staff

a) Each collection site must be adequately always staffed during collection times as indicated in section 2.4.2.1.

b) Redundancies must be in place to ensure that the collection site adheres to this staffing requirement.

c) All staff must be trained in the proper collection protocols for observed urinalysis specimen collection and abide by Proposer’s collection protocols.

d) Proposer will be amenable to special or unique collection protocols as set forth by OSH in writing throughout the duration of any resulting contract.

e) Collection site staff must abide by the Health Insurance Portability and

Accountability Act (HIPAA), 45 CFR Parts 160 to 164, and all other federal and state guidelines concerning confidentiality

2.4.2.4 Observation.

a) All collections must be observed and collected by a same gender staff trained to maintain a legally defensible chain of custody of the urine specimen and specimen collection procedures to ensure that all specimens have not been manipulated by the client.

b) Proposer will adhere to the observation collection procedures for both male and female donors as provided with its bid submission, and as amended in writing throughout the duration of any resulting contract.

c) Collection staff will go over these collection procedures with all new donors and adhere to the procedures outlined.

d) If collection staff are suspicious of or have caught any adulteration/tampering of samples during the observation process, they are to follow Proposer’s protocols and notify OSH by submitting an incident report of the behavior.

2.4.2.5 Web-based Collection Services

a) All specimens collected at the Proposer’s collection site shall be tracked in a web-based system that provides the ability to inform OSH of the following:

i. If a donor showed and provided a sample or showed and was not able to provide a sample.

ii. If there were any issues with a collection, or multiple attempts done.

iii. If a donor misses a scheduled test

iv. The frequency of incidents, and associated reasons, when UA collection has been unobserved The County should have the ability to enter in new donors into the web-based system and pull information out of this system to be able to verify all of the above.

2.4.2.6 Specimen Collection Supplies.

The Proposer shall provide all necessary supplies and containers for specimen collection, transportation of specimens and paper collection forms at both the vendor collection sites and for collections done at one of OSH campus by their staff.

2.4.2.7 Specimen Chain of Custody/Transportation

a) The Proposer shall follow proper chain-of-custody procedures when handling specimens.

b) Established paper trail identifying each person who handled the specimen from collection to laboratory analysis to reporting of the results is required.

c) Proper labeling and security measures must be adhered to in order to provide confidence that the specimen belongs to the donor identified on the record and the specimen was properly transported and stored according to laboratory protocols and manufacturer recommendations.

2.4.3 Testing Laboratories

2.4.3.1 Accreditation.

a) Proposer’s drug testing laboratories must be accredited by the Oregon Environmental Laboratory Accreditation Program (ORELAP) according to The NELAC Institute (TNI) standard.

b) State-licensed facilities are required to be endorsed by ORELAP and Oregon Liquor and Cannabis Commission (OLCC).

c) Laboratories must perform testing and sampling according to their accreditations.

2.4.3.2 The laboratory shall have sufficient and appropriate space, equipment, facilities, and supplies for the performance of the required volume of work with accuracy, precision, efficiency and safety. In addition, the laboratory shall have effective methods for communication to ensure prompt and reliable reporting. There shall be appropriate record storage and retrieval.

2.4.3.3 The laboratory must be a safe working space for the personnel and individuals it serves. It must comply with the safety codes of regulatory authorities. The safe collection and handling of specimens and reagents shall be an integral part of the laboratory safety program. Proper disposal of hazardous waste shall be provided.

2.4.3.4 The laboratory testing must be performed by the laboratory personnel and with the laboratory’s own equipment, unless otherwise authorized by OSH.

2.4.3.5 The laboratory must abide by the Health Insurance Portability and Accountability Act (HIPAA, 45 CFR Parts 160 to 164, and all other federal and state guidelines concerning confidentiality.

2.4.3.6 Appropriate safeguards shall be used to ensure confidentiality of records by limiting access to all testing records and patient information to authorized individuals.

2.4.3.7 All lab reports showing confirmation positives, must include or be accompanied by documentation that, at a minimum:

a) how the chain of custody has been maintained for the specimen tested, and identifies the tests that have been performed,

b) makes a statement as to their reliability and accuracy, and that the result received represents scientifically reliable proof of the existence of the substance found in the specimen tested; and

c) certifies that the tests were performed by qualified personnel in accordance with manufacturer’s instructions, or such other statement that would support submission of the lab report as a business record at a legal or administrative proceeding.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM SUBMISSION REQUIREMENTS

3.1.1 Proposal Submissions

To be considered for evaluation, Proposal must contain each of the following elements (further detailed in Proposal Requirements section below):

• Disclosure Exemption Affidavit (Attachment B)

• Proposer Information and Certification Sheet (Attachment C)

• Reference Check Form (Attachment D)

• COBID Certification / Outreach Plan (Attachment E)

• Responsibility Inquiry (Attachment F)

• Technical and Price Proposal in accordance with Section 3.2 of this solicitation

• Copy of all necessary required licenses from the State of Oregon Department of Health, and/or certification required from the appropriate out of state Health Department to perform the specified urine drug testing (i.e. CLIA Certification).

3.1.2 Proposal Page Limits

Proposal is limited to 35 pages. Any pages exceeding this limit will not be provided to the evaluation committee or considered in the evaluation. The following items do not count toward the page limit:

• Disclosure Exemption Affidavit (Attachment B)

• Proposer Information and Certification Sheet (Attachment C)

• Reference Check forms (Attachment D)

• COBID Certification / Outreach Plan (Attachment E)

• Responsibility Inquiry (Attachment F)

• Copy of all necessary required licenses from the State of Oregon Department of Health, and/or certification required from the appropriate out of state Health Department to perform the specified urine drug testing (i.e. CLIA Certification).

3.1.3 Proposal Format and Quantity

Proposal should follow the format and reference the sections listed in the Proposal Requirements section. Responses to each section and subsection should be labeled to indicate the item being addressed.

OregonBuys Electronic Response. Proposer should submit its Proposal electronically through OregonBuys.

The Price Proposal must be submitted as a separate electronic response file.

Proposer shall submit one copy of its Proposal and all other submittal requirements, with Attachment C - Proposer Information and Certification Sheet bearing the Proposer’s authorized representative’s Signature, in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx). If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall complete and submit the Disclosure Exemption Affidavit (Attachment B). Proposer shall also mark as “Confidential” in OregonBuys all attachments to its Proposal that Proposer believes are exempt from disclosure The Proposer Information and Certification Sheet (Attachment C) must bear the Proposer’s authorized representative’s Signature. Failure of Proposer’s authorized representative to sign the Proposal may result in rejection of the Proposal by Agency.

3.2 PROPOSAL REQUIREMENTS

Proposal must address each of the items listed in this section and all other requirements set forth in this

RFP. Proposer shall describe the Goods to be provided or the Services to be performed or both. A Proposal that merely offers to provide the goods or services as stated in this RFP may be considered non-Responsive to this RFP and will not be considered further.

Proposal should not include extensive artwork, unusual printing or other materials not essential to the utility and clarity of the Proposal. Do not include marketing or advertising material in the Proposal, unless requested. Proposal should be straightforward and address the requests of the RFP. Proposal containing unsolicited marketing or advertising material may receive a lower evaluation score if required information is difficult to locate.

3.2.1 Cover Letter

A cover letter shall accompany the proposal to set forth any information that the Proposer wishes to bring to the attention of OHA. The cover letter shall stipulate that the Proposers’ proposal is predicated upon all the terms and conditions of this RFP. In addition, it must contain a statement that the Proposers’ proposal acceptance period is valid for at least 180 calendar days from the date of receipt by OHA. Cover letter must include a statement attesting that the Proposer is not an has never been excluded or debarred from procurements by any state or federal Office of the Inspector General (OIG). Cover Letter shall also include the following:

a. Identify the Contact person for the Proposer’s proposal

b. Provide the Contact person’s address, phone number, and e-mail address

c. Signature of an authorized representative of the Offeror’s organization.

3.2.2 Qualifications. Proposals must include definitive information regarding the experience, qualifications, and professional licensing/certifications of the proposing entity. Offerors shall be a licensed and possess appropriate accreditation. The laboratory must be compliant with all applicable federal, state, and local laws governing and regulating the operations of collection sites and clinical laboratories. Offerors must be in good standing with the State of Oregon to conduct business and provide the contracted professional services.

Provide a copy of all required licenses necessary from the State of Oregon Department of Health, and/or certification required from the appropriate out of state Health Department to perform the specified urine drug testing (i.e. CLIA Certification).

3.2.3 Collection Services and Sites:

a. Provide Proposer’s experience with providing drug and alcohol testing and specimen collection services.

b. Provide three client references for similar projects in size and scope within the past three years.

c. Provide a list of all available collection sites with hours of operation, address, and contact information.

d. Describe your collection services and ability to perform the requested services as indicated in the Scope of Work Section 2.

e. Provide a copy of Proposer’s established collection procedures for male and female donors.

f. Describe Proposer’s collection observation procedures for transgender donors.

3.2.4 Drug Testing Services: Describe Proposer’s drug testing services and ability to perform the requested services within 30 days after notification of award as indicated in the Scope of Work section 2. If Proposer utilizes a web-based application for testing services, describe in detail the application and its capabilities. Provide an example of Proposer’s drug testing final report, list of testing options, list of standard drugs commonly tested, and any other examples pertinent to providing information on services offered.

3.2.5 Laboratory Testing Services

Chain of Custody, Certification.

a. Describe in detail chain of custody procedures and how it would be maintained. If more than one option is available, each alternative option that you propose should be described.

b. Describe in detail the form of documentation provided to certify chain of custody has been maintained. Again, if different forms of documentation may be provided, (e.g. step- by-step signoffs as compared to a description of the procedures and a certification that the procedures have been followed) you should describe each option.

c. Describe in detail who will certify the unbroken chain of custody, the person’s title, responsibilities and background, and whether there will be an original signature, a signature stamp, and a computer-generated name without signature, etc.

d. Include an example of the forms of documentation/certification that you propose to use.

3.2.6 References

a. Provide 3 references from current or former client firms for similar projects performed for any clients within the last 5 years. References must be able to verify the quality of previous, related Work.

b. Agency may check to determine if references provided support Proposer’s ability to comply with the requirements of this RFP. Agency may use references to obtain additional information, or verify any information needed. Agency may contact any reference (submitted or not) to verify Proposer’s qualifications.

c. Proposer shall send the Reference Check Form (Attachment D) to its references. Reference forms must be completed by the reference, returned to the Proposer and submitted with the Proposal.

3.2.7 Price Proposal

a. Submit a detailed Price Proposal electronically through OregonBuys, immunoassay screening and confirmation pricing for standalone and add on costs for all tests and validity testing that is offered. Use Exhibit 1 “Submittal Form” for Pricing.

b. The cost for drug screen tests should be all inclusive (such cost should include but not be limited to transportation, handling, and miscellaneous charges, such as any applicable taxes and fees, supplies, mailing costs, labels, forms, materials, and training). If there will be an additional charge for required confirmation testing (GC/MS, LCMSMS or GC-FID), it should be specified on the Submittal Form.

3.2.8 Proposer Information and Certification Sheet

Proposer shall complete and submit the Proposer Information and Certification Sheet (Attachment C). Failure to demonstrate compliance with Oregon Tax Laws and sign the Proposer Information and Certification Sheet may result in a finding of non-Responsibility.

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

The RFP and attachments are published in the State of Oregon’s electronic procurement system OregonBuys at https://oregonbuys.gov/. Documents will not be mailed to prospective Proposers.

Modifications, if any, to this RFP will be made by written Amendment(s) published in OregonBuys.

Prospective Proposer is solely responsible for checking OregonBuys to determine whether or not any https://oregonbuys.gov/

Amendment(s) have been issued. Amendment(s) are incorporated into the RFP by this reference.

4.2 PRE-PROPOSAL CONFERENCE

A Pre-Proposal conference will not be held for this RFP.

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

All inquiries, whether relating to the RFP process, administration, deadline or method of award, or to the intent or technical aspects of the RFP must:

• Be delivered to the SPC via an OregonBuys submission or email;

• Reference the OregonBuys bid number;

• Identify Proposer’s name and contact information;

• Refer to the specific area of the RFP being questioned (i.e. page, section and paragraph number);

and

• Be received by the due date and time for Questions/Requests for Clarification identified in the Schedule in Section 1.2.

4.4 SOLICITATION PROTESTS

4.4.1 Protests to RFP

Prospective Proposer may submit a Written protest of anything contained in this RFP, including but not limited to, the RFP process, Specifications, Scope of Work, and the Sample Contract. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest as provided below.

4.4.2 Protests to Amendment(s)

Prospective Proposer may submit a Written protest of anything contained in an Amendment.

Protests to an Amendment, if issued, must be submitted by 5:00 p.m. Pacific Time on the second Business Day following the issuance of the Amendment or the date/time specified in the Amendment, or they will not be considered. Protests of matters not added or modified by the Amendment will not be considered.

4.4.3 Requirements for Protests

All protests must:

• Be delivered to the SPC via email;

• Reference the OregonBuys bid number;

• Identify prospective Proposer’s name and contact information;

• Be sent by an authorized representative;

• State the reason for the protest, including:

o the grounds that demonstrate how the Procurement Process is contrary to law, Unnecessarily Restrictive, legally flawed, or improperly specifies a brand name; and o evidence or documentation that supports the grounds on which the protest is based;

and

• State the proposed changes to the RFP provisions or other relief sought.

Protests to the RFP must be received by the due date and time identified in the Schedule.

Protests to an Amendment must be received by the due date identified in the Amendment.

4.5 PROPOSAL DELIVERY

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the RFP requirements before Opening. Agency is not responsible for any delays in mail or by common carriers or by transmission errors or delays, or for any mis-delivery for any reason. A Proposal submitted by any means not authorized below will be rejected.

Proposal submission should be electronically through OregonBuys at: OregonBuys.gov Detailed instructions on how to submit a Proposal can be found at OregonBuys Vendor Formal Solicitation Response.pdf

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to make modifications to a submitted Proposal, the Proposer must submit its modification request via the OregonBuys.gov website. To be effective the modification must include the OregonBuys bid number and be submitted to the SPC prior to Opening.

If a Proposer wishes to withdraw a submitted Proposal, it must submit a Written notice signed by an authorized representative of its intent to withdraw to the SPC via email prior to the Opening in accordance with OAR 125-247-0440. To be effective the notice must include the OregonBuys bid number.

4.7 PROPOSAL DUE

A Proposal (including all required submittal items) must be received by the SPC on or before Opening. All Proposal modifications or withdrawals must also be received prior to Opening.

A Proposal received after Opening is considered LATE and will NOT be accepted for evaluation. A late Proposal will be returned to the Proposer or destroyed.

4.8 PUBLIC OPENING

There will be no public Opening of Proposals. However, Agency may post the name of each Proposer on the OregonBuys system following Closing; no other information will be made available at that time.

4.9 PROPOSAL REJECTION

Agency may reject a Proposal for any of the following reasons:

• Proposer fails to substantially comply with all prescribed RFP procedures and requirements, including but not limited to the requirement that Proposer’s authorized representative sign the Proposal.

• Proposer has liquidated and delinquent debt owed to the State or any department or agency of the State.

• Proposer fails to meet the responsibility requirements of ORS 279B.110.

• Proposer makes any contact regarding this RFP with State representatives such as State employees or officials other than the SPC or persons authorized by the SPC, or inappropriate contact with the SPC.

• Proposer attempts to influence a member of the Evaluation Committee.

• Proposal is conditioned on Agency’s acceptance of any other terms and conditions or rights to negotiate any alternative terms and conditions that are not reasonably related to those expressly authorized for negotiation in the RFP or Amendment(s).

4.10 EVALUATION PROCESS

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf

4.10.1 Responsiveness and Responsibility Determination

A Proposal received prior to Opening will be reviewed to determine if it is Responsive to all RFP requirements including compliance with Section 3.1 (Minimum Submission Requirements). If the Proposal is unclear, the SPC may request clarification from Proposer. However, clarifications may not be used to rehabilitate a non-Responsive proposal. If the SPC finds the Proposal non- Responsive, the Proposal may be rejected; however, Agency may waive mistakes in accordance with OAR 125-247-0470.

Agency will determine if an apparent successful Proposer is Responsible prior to award and execution of the Contract. Proposers shall submit a signed Responsibility Inquiry form (Attachment F) with Proposal.

At any time prior to award, Agency may reject a Proposer found to be not Responsible.

4.10.2 Evaluation Panel

Proposals must be complete at the time of submission.

OC&P will conduct a comprehensive and impartial evaluation of the Proposals received.

Proposals will be evaluated by a Review Panel selected by OHA. The Review Panel will evaluate the Proposals and rank them according to the scoring system described below.

Proposals must provide a concise description of the Proposer’s ability to satisfy the requirements of the RFP with emphasis on completeness and clarity of content. Evaluators will consider brevity and clarity of responses in scoring Proposals.

Proposals will be scored by the Review Panel. Maximum point values and evaluation criteria for each section are described below.

Award, if one is made, will be made to the highest ranked responsive, responsible Proposer, whose offer is most advantageous to the OHA.

4.10.3 Technical Proposal Evaluation and Scoring

Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of an Evaluation Committee. Evaluation Committee members may change and Agency may have additional or fewer evaluators for optional rounds of competition. Evaluators will assign a score for each evaluation criterion listed below in this up to the maximum points available as specified in Section 4.11 (Point and Score Calculation).

SPC may request further clarification to assist the Evaluation Committee in gaining additional understanding of a Proposal. A response to a clarification request may only clarify or explain portions of the already submitted Proposal and may not contain new information not included in the original Proposal.

The technical rating is a weighting mechanism that will be applied to the point value for each evaluation factor to determine the offeror’s score for each factor. The offeror’s total technical score will be determined by adding the offeror’s score in each evaluation factor. For example, if an evaluation factor has a point value range of zero (0) to forty (40) points, using the Technical Rating Scale above, if OSH evaluates the offeror’s response as “Good,” then the score for that evaluation factor is 4/5 of 40 or 32.

The technical rating scale for this RFP is as follows:

SCORE EXPLANATION

4.10.4 Evaluation Criteria

4.10.5 Preferences

4.10.5.1 Oregon Supplies and Services

4.10.5.2 Reciprocal Preference

For evaluation purposes per OAR 125-246-0310, Agency shall add a percentage increase to each out-of-state Proposer's Proposal price that is equal to the percentage preference, if any, given to a Resident Proposer in the Proposer's state.

4.10.5.3 Recycled Materials

Agency will give preference to Goods manufactured from Recycled Materials if each of the conditions specified in ORS 279A.125 (2) exists following any adjustments made to the price of the Goods according to any applicable reciprocal preference.

4.10.5.4 Tiebreakers

If Agency receives Proposals identical in price, fitness, availability and quality and chooses to award a Contract, Agency shall award the Contract in accordance with the procedures outlined in OAR 137-046-0300.

4.11 TOTAL POINT AND SCORE CALCULATIONS

Points are the total possible for each section as listed in the table below.

OUTSTANDING - Response meets all the requirements and has demonstrated in a clear and concise manner a thorough knowledge and understanding of the subject matter and project. The Proposer provides insight into its expertise, knowledge, and understanding of the subject matter.

VERY GOOD – Response provides useful information, while showing experience and knowledge within the category. Response demonstrates above average knowledge and ability with no apparent deficiencies noted.

ADEQUATE – Response meets all requirements in an adequate manner.

Response demonstrates an ability to comply with guidelines, parameters, and requirements with no additional information put forth by the Proposer.

1 FAIR – Proposer meets minimum requirements but does not demonstrate sufficient knowledge of the subject matter.

RESPONSE OF NO VALUE – An unacceptable response that does not meet the requirements set forth in the RFP. Proposer has not demonstrated knowledge of the subject matter.

Qualification How well Proposer meets requirements set forth in Section 3.2.2 of this RFP Drug Testing Services How well Proposer meets requirements set forth in Section 3.2.4 of this RFP Collection Sites and Services How well Proposer meets requirements set forth in Section 3.2.3 of this RFP Laboratory Testing Services How well Proposer meets requirements set forth in Section 3.2.5 of this RFP Cost Evaluation of the overall competitiveness of the proposer’s price Section 3.2.7 of this RFP https://www.naspo.org/reciprocity1

EVALUATION CRITERIA

Maximum Possible

Points Section 3.2.2 Qualification 25 Section 3.2.4 Drug Testing Services 25 Section 3.2.3 Collection Sites and Services 10 Section 3.2.5 Laboratory Testing Services 25 Section 3.2.7 Cost 15

Total Points Possible 100

4.12 RANKING OF PROPOSERS

The SPC will average the scores for each Proposal in a given round of competition (calculated by totaling the points awarded by each Evaluation Committee member and dividing by the number of members).

After any applicable preference has been applied, the SPC will determine the rank of each Proposal, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

Agency may, in Agency’s sole discretion, determine an apparent successful Proposer with no additional rounds of competition. If additional rounds are conducted, Agency will rank advancing Proposers at the conclusion of each subsequent round and may determine an apparent successful Proposer at any time during the solicitation process.

4.12.1 NEXT STEP DETERMINATION

At the conclusion of a round of competition, Agency may choose to conduct additional round(s) of competition if in the best interest of the State. Additional rounds of competition may consist of, but will not be limited to:

• Interviews

• Presentations/Demonstrations/Additional Submittal Items

• Discussions and submittal of revised Proposals

• Serial or simultaneous negotiations

• Best and Final Offers

4.12.2 Competitive Range Determination

If Agency, in its sole discretion, determines that one or more additional rounds of competition is necessary, it will select a Competitive Range to indicate the Proposers that will be invited to participate in a subsequent round. The Competitive Range may include all, or at Agency’s sole discretion, some (based primarily on a natural break in the distribution of scores), of the Proposers from a previous round. Agency will post a notice in OregonBuys of its Competitive Range Determination and provide details about the process and schedule for the subsequent round.

4.12.3 Competitive Range Protest

Proposers excluded from a round may submit a Written protest of Competitive Range. Protests must:

• Be emailed to the SPC;

• Reference the OregonBuys bid number ;

• Identify Proposer’s name and contact information;

• Be sent by an authorized representative

• State the reason for the protest; and

• Be received within 7 calendar days after issuance of the Notice of the Competitive Range unless a different due date and time is specified in such notice.

Agency will address all protests within a reasonable time and will issue a Written decision to the respective Proposer. Protests that do not include the required information may not be considered by Agency.

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

Agency, if it awards a Contract, will award a Contract to the highest-ranking Responsible Proposer(s) based upon the scoring methodology and process described in Section 4. Agency may award less than the full Scope of Work described in this RFP.

5.1.2 Intent to Award Notice

Agency will notify all Proposers in Writing that Agency intends to award a Contract to the selected Proposer(s) subject to successful negotiation of any negotiable provisions.

5.2 INTENT TO AWARD PROTEST

5.2.1 Protest Submission

An Affected Proposer shall have 7 calendar days from the date of the Intent to Award notice to file a Written protest.

A Proposer is an Affected Proposer only if the Proposer would be eligible for Contract award in the event the protest was successful and is protesting for one or more of the following reasons as specified in ORS 279B.410:

• All higher ranked Proposals are non-Responsive.

• Agency has failed to conduct an evaluation of Proposals in accordance with the criteria or process described in the RFP.

• Agency abused its discretion in rejecting the protestor’s Proposal as non-Responsive.

• Agency’s evaluation of Proposal or determination of award otherwise violates ORS Chapter

279B or ORS Chapter 279A.

If Agency receives only one Proposal, Agency may dispense with the evaluation process and Intent to Award protest period and proceed with Contract Negotiations and award.

5.2.1.1 Protest Requirements

Protests must:

• Be delivered to the SPC via email, or hard copy;

• Reference the OregonBuys bid number ;

• Identify Proposer’s name and contact information;

• Be signed by an authorized representative of Proposer;

• Specify the grounds for the protest; and

• Be received within 7 calendar days of the Intent to Award notice.

5.2.2 Response to Protest

Agency will address all timely submitted protests within a reasonable time and will issue a Written decision to the respective Proposer. Protests that do not include the required information may not be considered by Agency.

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

Proposer(s) who are selected for a Contract award under this RFP will be required to submit additional information and comply with the following:

5.3.1 Insurance

Prior to award, Proposer shall secure and demonstrate to Agency proof of insurance as required in this RFP or as negotiated. Insurance Requirements are found in Exhibit C of Attachment A.

5.3.2 Taxpayer Identification Number

Proposer shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form when requested by Agency or when the backup withholding status or any other relevant information of Proposer has changed since the last submitted W-9 form, if any.

5.3.3 Business Registry

If selected for award, Proposer shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. Visit http://sos.oregon.gov/business/pages/register.aspx for Oregon Business Registry information.

5.3.4 Responsibility Inquiry

Prior to award, Proposer shall be required to complete and submit Attachment F — Responsibility Inquiry.

5.3.5 Pay Equity Certification

If selected for award and the Contract value exceeds $500,000 and Proposer employs 50 or more full-time workers, Proposer shall submit to Agency a true and correct copy of an unexpired Pay Equity Compliance Certificate, issued to the Proposer by the Oregon Department of Administrative Services. For instructions on how to obtain the Certificate, visit https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx.

ORS 279B.110(2)(f) requires that Proposer provide this prior to execution of the Contract.

5.3.6 Nondiscrimination in Employment

As a condition of receiving the award of a Contract under this RFP, Proposer must certify by its Signature on Attachment C - Proposer Information and Certification Sheet, in accordance with ORS 279A.112, that it has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class. The policy and practice must include giving employees a written notice that the policy both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.

5.3.7 Other Required Information

5.4 CONTRACT NEGOTIATION

5.4.1 Negotiation

After selection of a successful Proposer, Agency may enter into Contract negotiations with the successful Proposer. By submitting a Proposal, Proposer agrees to comply with the requirements http://sos.oregon.gov/business/pages/register.aspx https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx of the RFP, including the terms and conditions of the Sample Contract/Price Agreement (Attachment A), with the exception of those terms listed below for negotiation.

Proposer shall review the attached Sample Contract/Price Agreement and note exceptions.

Proposer must submit those exceptions to Agency during the Questions / Requests for Clarification period set forth in Section 1.2. Unless Agency agrees to modify any of the terms and conditions, Agency intends to enter into a Contract/Price Agreement with the successful Proposer substantially in the form set forth in Sample Contract/Price Agreement (Attachment A).

It may be possible to negotiate some provisions of the final Contract; however, Agency is not required to make any changes and many provisions cannot be changed. Proposer is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State. Therefore, Agency will consider the Scope of requested exceptions in the evaluation of Proposal.

Any subsequent negotiated changes are subject to prior approval of the Oregon Department of Justice.

In the event that the parties have not reached mutually agreeable terms within 30 calendar days, Agency, at its discretion, may terminate Negotiations and commence Negotiations with the next highest-ranking Proposer.

SECTION 6: ADDITIONAL INFORMATION

6.1 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, Agency encourages the participation of small businesses, certified by the Oregon Certification Office for Business Inclusion and Diversity (“COBID”) in all contracting opportunities. This includes certified small businesses in the following categories: disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business. Agency also encourages joint ventures or subcontracting with certified small business enterprises. For more information, visit:

https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon 4biz

If the Contract has potential subcontracting opportunities, the successful Proposer may be required to submit a completed Certified Disadvantaged Business Outreach Plan (Attachment F) prior to execution.

6.2 GOVERNING LAWS AND REGULATIONS

This RFP is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this RFP, evaluation and award is the Circuit Court of Marion County for the State of Oregon; provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this Section 6.2 be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any claim or consent to the jurisdiction of any court.

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals are public records and are subject to public inspection after Agency issues the Notice of https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz

Intent to Award. Application of the Oregon Public Records Law will determine whether any information is exempt from disclosure.

All Proposals submitted in response to this RFP become the Property of Agency. By submitting a Proposal in response to this RFP, Proposer grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Proposal solely for the purpose of evaluating the Proposal, negotiating a Contract, if awarded to Proposer, or as otherwise needed to administer the RFP process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478). Proposals, including supporting materials, will not be returned to Proposer, except in the case of Proposals that were submitted late and rejected by Agency.

6.4 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES.

Pursuant to ORS 279B.100, Agency may reject any or all Proposals in-whole or in-part, or may cancel this RFP at any time when the rejection or cancellation is in the best interest of the State or Agency, as determined by Agency.