Scope_of_Work_99SWC-S4004.docx

Nevada State Purchasing Division Department of Administration 515 E Musser St Ste 300 Carson City, NV 89701 purchasing.nv.gov nevadaepro.com

Hi Scope of Work 99SWC-S4004 Employee Drug and Alcohol Testing

GENERAL

Department of Administration, Purchasing Division, on behalf of The State of Nevada, seeks qualified Contractors to provide comprehensive alcohol and drug testing services for applicants, employees, and authorized clients throughout the State of Nevada.

Services shall support the State's Alcohol and Drug Program by providing timely, accurate, confidential, and legally compliant testing services that protect employee and public safety while ensuring compliance with all applicable federal and State laws and regulations.

The State reserves the right to award one or more contracts to ensure adequate statewide service coverage.

Except where this Scope of Work expressly prescribes a specific method, device, threshold, timeframe, or procedure, the Contractor may use its established processes provided those processes conform to all applicable FMCSA, HHS/SAMHSA, NHTSA, NRS, NAC, and other governing requirements. References to Contractor procedures are intended to require regulatory conformity and required outcomes, not to prescribe the Contractor's internal methodology.

Required Testing Services

The Contractor shall provide drug and/or alcohol collection and testing, as applicable, for the following employment-related circumstances

Pre-employment;

Reasonable suspicion (reasonable belief);

Return-to-work;

Follow-up;

Random; and Post-accident/post-incident.

The Contractor shall also provide client testing when included within its awarded services. Department, division, or program requirements shall govern client testing

Mandatory Drug Testing Panel

At a minimum, the Contractor shall provide screening and confirmation testing for the following substances, drug classes, and applicable metabolites:

Marijuana;

Cocaine;

Codeine/Morphine;

Hydrocodone/Hydromorphone;

Oxycodone/Oxymorphone;

6-Acetylmorphine;

Phencyclidine;

Amphetamine/Methamphetamine; and MDMA (Methylenedioxymethamphetamine)/MDA (Methylenedioxyamphetamine).

Alcohol Testing

For candidate and employee testing not regulated by FMCSA, a positive alcohol test result shall be a concentration of alcohol greater than 0.02 gram by weight of alcohol per 100 milliliters of blood or per 210 liters of breath.

Breath alcohol testing shall be conducted using a breath-testing device certified in accordance with the NHTSA, Conforming Products List of Evidential Breath Alcohol Measurement Devices.

A positive result on an initial breath screening test shall be confirmed by a second screening test conducted immediately after receipt of the positive result of the first screening test.

The Contractor shall provide, as an alternative to breath-alcohol testing, testing to detect alcohol through a blood draw.

Specimen Collection and Cahin of Custody

The Contractor shall maintain and follow written procedures for specimen identification, donor identification, collection, labeling, handling, packaging, transportation, chain of custody, security, storage, testing, result reporting, record retention, and final disposition that conform to applicable FMCSA or HHS/SAMHSA standards, Nevada law, and other requirements of this Scope of Work, as applicable.

The Contractor shall ensure donor identification and specimen integrity and security are maintained in conformity with applicable FMCSA or HHS/SAMHSA standards and Nevada law, as applicable.

The Contractor shall maintain chain of custody for each specimen from collection through final disposition in conformity with applicable FMCSA or HHS/SAMHSA requirements and Nevada law, as applicable.

The Contractor shall address diluted, adulterated, substituted, invalid, insufficient, lost, damaged, or otherwise unsuitable specimens or test results in accordance with the procedures and actions required by applicable FMCSA or HHS/SAMHSA standards, Nevada law, and this Scope of Work.

Confirmation Testing, MRO Review, and Retesting

The Contractor shall ensure confirmation testing, split-specimen testing when applicable, Medical Review Officer review, corrected-result processing, cancelled-test processing, and employee retesting conform to applicable FMCSA or HHS/SAMHSA standards, Nevada law, and this Scope of Work.

When a screening test indicates the presence of a drug that could impair the individual’s ability to perform employment duties safely and efficiently, the laboratory shall conduct another test of the same urine sample to determine the specific substances and concentrations, as required by applicable Nevada law.

Pursuant to NRS 284.4067, an applicant or employee shall be provided an opportunity, at the individual’s expense, to have the same specimen independently tested by a laboratory of the individual’s choice that is certified by the United States Department of Health and Human Services.

Regulatory Compliance and Required Laboratories

Testing under U.S. Department of Transportation, Federal Motor Carrier Safety Administration (FMCSA)-regulated programs shall be conducted according to the standards and procedures specified for FMCSA testing. If FMCSA has not promulgated an applicable standard or procedure, applicable Nevada Revised Statutes and Nevada Administrative Code shall govern.

Applicant and employee testing not conducted under an FMCSA-regulated program shall be governed by applicable Nevada Revised Statutes and Nevada Administrative Code, including NRS 284.406 through 284.407 and NAC 284.880 through 284.894, as applicable.

The Contractor shall use a laboratory certified by the United States Department of Health and Human Services through the Substance Abuse and Mental Health Services Administration (SAMHSA) for all required testing for which such certification applies and shall maintain current certification throughout contract performance.

The Contractor shall provide the services of a qualified Medical Review Officer who conforms to applicable HHS requirements. The MRO shall review and verify applicable non-negative drug-test results. Breath-alcohol test results are not subject to MRO verification.

When testing is not otherwise regulated by FMCSA, collectors, collection sites, custody-and-control forms, specimen-collection containers, and collection procedures shall conform to applicable HHS requirements

Non-FMCSA Policies and Procedures

For non-FMCSA testing, the Contractor shall maintain and follow policies and procedures that conform to applicable HHS/SAMHSA standards and Nevada law and address, at a minimum:

Donor identification and specimen collection;

Specimen labeling, handling, packaging, and transportation;

Chain of custody;

Specimen security and storage;

Initial and confirmation testing;

Medical Review Officer review;

Reporting and dissemination of results;

Confidentiality and access to records;

Retention of records and specimens;

Retesting and split-specimen procedures, when applicable;

Identification, correction, and reporting of collection or testing errors; and Final disposition and disposal of specimens.

Quality Assurance and Quality Control

The Contractor shall maintain a quality-assurance and quality-control program throughout the contract term that is sufficient to ensure continuing conformity with applicable regulatory requirements and this Scope of Work. At a minimum, the program shall address:

Monitor collectors, collection sites, laboratories, subcontractors, and other third-party providers;

Maintain required licenses, certifications, accreditations, and professional credentials;

Prevent and detect collection and testing errors;

Investigate nonconformities, complaints, and disputed results;

Implement and document corrective actions;

Maintain and calibrate testing equipment as required;

Conduct internal reviews or audits; and Notify the State of errors or circumstances that may affect test results.

Subcontractors and Third-Party Providers

The Contractor shall remain responsible for the performance, compliance, quality, confidentiality, and oversight of all subcontractors, affiliated laboratories, collection sites, mobile collectors, and other third-party providers used to perform services under the resulting contract.

Service Locations and Availability

The Contractor shall provide services at the Nevada locations and during the periods of availability included within its award and approved service-location submission. Where 24 hours per day, seven days per week, 365 days per year service is included in the award, the Contractor shall maintain that availability through an approved fixed collection site, mobile collection service, on-call provider, or other approved arrangement.

The Contractor shall provide reasonable suspicion and post-accident/post-incident services outside regular business hours where such coverage is included in its award. Mobile collection services may be used when all required services for the applicable location can be provided.

When required by an authorized State entity and included within the Contractor’s awarded services, the Contractor shall provide access to collection services outside Nevada through its approved national collection network.

Scheduling, Results Reporting, and Notifications

The Contractor shall maintain processes for random, reasonable suspicion, and post-accident/post-incident testing and shall provide priority service for reasonable suspicion testing.

The Contractor shall provide test results to each State entity’s designated contact using a confidential protocol approved by the State, such as a secure web-based system or encrypted email. Access shall be restricted to authorized individuals Changes to the individuals authorized to receive results shall be approved by the designated DHRM contact.

The Contractor shall notify authorized State personnel of material delays, unavailable collection sites, rejected specimens, collection errors, and other circumstances that may affect testing or result reporting as soon as practicable.

Confidentiality, Information Security, and State Data

The Contractor shall protect confidential employee, medical, testing, and State information in conformity with applicable HHS/SAMHSA requirements and other applicable law. The Contractor shall maintain appropriate administrative, technical, and physical safeguards for access, transmission, retention, and unauthorized access or disclosure.

All data generated, collected, received, maintained, or transmitted in connection with services provided under the resulting contract shall be the property of the State, subject to applicable law.

The Contractor shall not share, distribute, disclose, sell, reproduce, or use State data outside the specifications of the resulting contract without permission from a DHRM Administrator or Deputy Administrator.

State Entity Accounts and Identification Codes

The Contractor shall maintain a listing of State entities authorized to use the contract and assign each State entity a unique code for test results, billing, and tracking, including entities that do not consistently use the contract. If an entity uses the contract for both employment and client testing, separate codes shall be available for employment and client testing.

Employee-Paid Testing

The Contractor shall accept payment directly from an employee when the employee is responsible for the cost of return-to-work testing and shall maintain a process for scheduling and administering employee-paid testing.

Monthly Invoicing

The Contractor shall submit monthly invoices to each individual department, agency, board, or commission that used contracted services during the previous month.

Each invoice shall list, at a minimum, the dates of collection, tests performed, and dates results were transmitted to the applicable State entity.

Workers’ Compensation Billing and Results

Workers’ compensation-related testing shall have one billing recipient: the State’s designated third-party administrator. Test results shall be transmitted to the designated contact for the State entity employing the individual tested.

Each workers’ compensation-related invoice shall be prepared separately for each employee and shall not include information relating to any other employee.

Quarterly Reporting

The Contractor shall provide quarterly utilization reports to the designated DHRM contact at no additional cost to the State no later than the end of the month following the end of each quarter.

Reports shall separately identify, by State entity, the number of tests performed, type of each test, cost of tests performed, total positive results, and total negative results for all accounts under the contract.

Expert Testimony and Records

When requested by the State, the Contractor shall provide records, qualified witnesses, affidavits, expert testimony, or other assistance related to administrative proceedings, hearings, litigation, or challenges to test results.

The Contractor shall provide qualified personnel capable of testifying regarding test results, testing methods, specimen integrity, and preservation of chain of custody.

Custody-and-Control Forms and Electronic Systems

The Contractor shall provide preprinted custody-and-control forms for DOT-regulated drug testing.

For non-DOT drug testing, the Contractor shall provide preprinted custody-and-control forms, an electronic custody-and-control system, or both, in conformity with applicable requirements. Any electronic system used shall preserve donor/specimen verification, signatures and chain-of-custody events, corrections, security, retention and retrieval, confidentiality, and data integrity and shall include appropriate procedures for service interruptions.

Additional Controlled Substances and Testing Panels

Authorized State entities may request testing for controlled substances or drug classes not included in the mandatory testing panel at the time of collection or after the initial screening, subject to specimen availability, retention requirements, testing limitations, applicable law, and the Contractor’s awarded capabilities.

Pricing for additional controlled substances, drug classes, and testing panels shall be stated separately from mandatory-panel pricing in the Cost Schedule. Applicable cutoff levels and supporting documentation establishing the clinical or scientific basis and validity of each additional test or panel shall be maintained and provided as required by the RFQ or the State.

FMCSA Program Support

When included within the Contractor’s award, the Contractor shall provide the applicable FMCSA program-support services identified in its response, which may include DOT random testing pool administration, FMCSA Drug and Alcohol Clearinghouse administration, and substance-abuse training for supervisors and employees. Services shall comply with applicable FMCSA requirements.

Changes in Law, Regulation, and Standards

This Scope of Work is subject to changes promulgated by federal, State, and local agencies governing drug and alcohol testing, including the State of Nevada Human Resources Commission.

DHRM will attempt to timely advise the Contractor of upcoming changes to Nevada Revised Statutes or Nevada Administrative Code. Any change mandated by an addition, deletion, or amendment to applicable law or regulation shall be implemented no later than the effective date of the change.

The Contractor shall monitor changes to applicable federal drug and alcohol testing laws, regulations, standards, and guidelines; notify the designated DHRM contact of relevant changes; and provide subject-matter expertise concerning the effect of those changes on services under the resulting contract.

Implementation and Contract Start

The Contractor shall complete all implementation activities necessary to begin providing all awarded services in conformity with the contract and this Scope of Work by January 1, 2027. Implementation shall include, as applicable, account and identification-code setup, collection-site and provider-network activation, system configuration and authorized-user access, testing and validation, training and communications, transition activities, and contingency measures necessary for timely contract start.

Legal Compliance

The Contractor shall comply with the Health Insurance Portability and Accountability Act, the Americans with Disabilities Act, and all other applicable federal, State, and local laws and regulations relevant to services provided under the resulting contract.

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