Drug and Alcohol Testing

Purchasing Department Phone (251)221-4473 Fax (251)221-4472 purchasing.mcpss.com Bid No. 22-56 May 26, 2022 BUYER: BETTY GRANDQUEST INVITATION TO BID DRUG AND ALCOHOL TESTING HEALTH SERVICES Sealed proposals will be received by the Board of School Commissioners of Mobile County, Alabama at its Purchasing Department, 1 Magnum Pass, Mobile, Alabama 36618, until Thursday, June 9, 2022 @ 2:00 PM at which time they will be publicly opened and read aloud. 1. The submission of the bid by the vendor, acceptance and award of the bid by the School Board of Mobile County, Alabama, and subsequent purchase orders issued against said award shall constitute a binding, enforceable contract. Unless stipulated in the bid documents, no other contract documents shall be issued. 2. The undersigned, as bidder, hereby declares that I have examined the Instructions, General Terms, Conditions and Specifications, and affirm that I have not been in any agreement or collusion among bidders, employees of the

Mobile County Public School System, or prospective bidders in restraint of freedom of competition. Furthermore, I understand that fraudulent and collusive bidding is a crime and can result in fines and prison sentences. 3. Bidder has become fully familiar with the general terms, conditions and specifications of this bid request and agrees to abide by all conditions stated herein: 4. Bidder agrees to VISA® Virtual Credit Card Program through AOC/Regions Bank for invoice payments in place of a check to pay for purchases from this solicitation. See payment terms for more information. PLEASE PRINT OR TYPE BELOW Legal Name of Vendor:_________________________________________________________ Mailing Address:_______________________________________________________________ City, State, Zip Code:___________________________________________________________ (List Toll Free Number if Applicable) Telephone Number:__________________________ Fax ______________________________ ___________________________________ _________________________________ Authorized Signature of Bidder Authorized Name(Typed or Printed) ___________________________________ _________________________________ Director of Purchasing Name(Typed or Printed) Mobile County Public Schools THIS COMPLETED FORM MUST APPEAR AS THE TOP SHEET FOR ALL BIDS SUBMITTED Our community is coming together to build baseball fields and a playground for children with special needs. The Miracle League of West Mobile: Schmidt Family Park will be constructed on Johnson Road, about two miles southwest of the intersection of Airport Boulevard and Snow Road. You have the opportunity to help us create a miracle in Mobile County! If you hit a Single, Double, Triple, Home Run, or Grand Slam, you, your family, your business or your organization will be recognized at the park. Several community organizations have already stepped up to the plate, donating land, providing funds to pave the road, and more. The key players thus far are: the Alabama Pecan Development Company, Inc., Schmidt- Barton Family Fund, South Alabama Utilities, Mobile County Public Schools and the Mobile County Commission. The Alabama Pecan Development Company, Inc., has donated more than 24 acres to the project and South Alabama Utilities has donated more than 4 acres. The Schmidt-Barton Family Fund is donating up to $1 million in matching funds toward the estimated $5 million in total construction costs. Donations are now being accepted at mcpss.com/miracleleague to cover the remaining costs associated with the park. Why should you donate? Currently, many Mobile County youths with mental and physical disabilities are unable to play baseball in existing parks due to the lack of facilities that meet their needs. The Miracle League of West Mobile: Schmidt Family Park will be open to children from the entire county and surrounding areas. Approximately 8,300 children with disabilities would be able to play here. LET'S LOAD THE BASES! Miracle League of West Mobile: Schmidt Family Park $1,000-$9,999 Single $10,000-$49,000 Double Grand Slam Home Run Triple $250,000 + $100,000-$249,999 $50,000-$99,999 https://www.mcpss.com/miracleleague M I R A C L E L E A G U E O F W E S T M O B I L E : S C H M I D T F A M I L Y P A R K We are working directly with The Miracle League, which is based in Georgia and has 240 fields across the United States and in Puerto Rico and Canada, on this project. Why? So our children with mental and physical disabilities can experience the joy of America's favorite pastime. It's more than just a game. The Miracle League is about making new friends, building self-esteem and being treated just like other athletes. The Miracle League baseball field will feature a synthetic rubberized turf that accommodates wheelchairs and other assistive devices while helping to prevent injuries. The field will have double-wide lanes, allowing the players more space as they round the bases. The park will also include a regular baseball field for children who are middle- school-aged. The hope is to one day build a school on the site to serve special-needs and autistic students. This will be the first Miracle League field in Mobile County. The project will progress in phases as funding becomes available, with the Miracle Field and Playground as the major components of the first phase. The first phase of the plan will cost approximately $2.3 million. We still need to raise $1 million to fund all facets of Phase 1, which we hope to complete in the fall of 2022. Mobile County Public Schools is overseeing the financing of the project. We are applying for various grants and accepting donations at: mcpss.com/miracleleague. We appreciate your support as we make a miracle happen in west Mobile! MCPSS .COM/MIRACLELEAGUE VENDOR BID REGISTRATION Vendors: Our records indicate you are registered to receive “Invitation to Bids” from Mobile County Public School System. The Mobile County School System is changing the way vendors are notified for Invitation to Bids. Currently, we are sending post card notifications by US Mail to all vendors who are registered. The NEW NOTIFICATION PROCESS will begin and consist of the vendor receiving an email notification of Invitation to Bids. A web site has been established for vendors to register and select the bid categories from which they want to receive bid invitations. These are the steps you need to take: 1. Go to Https://bidreg.mcpss.com/ezregistration.html 2. Select “New Applicant” and you will create a user name and password, and then follow the prompts. 3. Please note the email bid notifications will be sent from bidnotify@mcpss.com save this in your address directory to prevent email being sent to SPAM. Even though vendors are currently registered to receive bids, all vendors MUST register in the new database in order to receive an ITB “Invitation to Bid” . If you do not register, you will not receive an ITB. Also, all vendors are responsible for maintaining their vendor profile in the database for such things as address, contact info, email, bid categories, etc...... This information needs to stay current to assure you receive ITB’s. I would strongly encourage vendors to visit MCPSS.com once a week to be knowledgeable of all bid activity. Thank you for your cooperation as this will allow us to drastically reduce postage costs and work more efficiently. Please feel free to contact us if you have questions at 251-221- 4473. GENERAL TERMS AND CONDITIONS MOBILE COUNTY PUBLIC SCHOOL’S PURCHASING DEPT. REVISED 08/13/20 1. ALABAMA IMMIGRATION LAW COMPLIANCE: As a Contractor/Vendor as defined in the Act, to the Local Board of Education (Board), it is crucial to your relationship (future or continuing) with the Board that you comply with the Immigration Reform Act of 1986, as amended by the Immigration Act of 1990, and the Beason-Hammon Alabama Taxpayer and Citizen Protection Act. Accordingly please provide your Affidavit of Immigration Compliance. These documents can be found in the following bid package along with a compliance check list. 2.ADDITIONAL ORDERS: Unless it is specifically stated to the contrary in the bid response, the School District reserves the option to place additional orders against a contract awarded as a result of this solicitation at the same terms and conditions; to extend the renewal date until a new bid is in place, if it is mutually agreeable. 3. ADDENDA: If it becomes necessary to revise any part of this bid, a written addendum will be provided to all bidders that are registered with the Purchasing Department. The Board is not bound by any oral representations, clarifications, or changes made in the written specifications by the school’s employees, unless such clarification or change is provided to bidders in written addendum form from Purchasing Department. 4. APPLICABLE LAW: This contract shall be construed and interpreted according to Alabama Law. 5. ASSURANCE OF NON-CONVICTION OF BRIBERY: The bidder hereby declares and affirms that, to its best knowledge, none of its officers, directors, or partners and none of its employees directly involved in obtaining contracts has been convicted of bribery, attempted bribery or conspiracy to bribe under the laws of any state or Federal government. 6. AWARD CONSIDERATION: The following factors will be considered in determining the lowest responsible bidder: Overall quality, Conformity with specifications both general and specific, Purposes for which materials or services are required, Delivery dates and time required for delivery, Unit acquisition cost, financial ability to meet the contract, previous performance, facilities and equipment, availability of repair parts, experience, delivery promise, terms of payments, compatibility as required, other costs, and other objective and accountable factors which are reasonable. 7. BID AND PERFORMANCE SECURITY:If bid security is required, a bid bond or cashier’s check in the amount indicated on the bid cover must accompany the bid and be made payable to Board of School Commissioners of Mobile County. Corporate or certified checks are not acceptable. Bonds must be in a form satisfactory to the School District and underwritten by a company licensed to issue bonds in the State of Alabama. If bid security fails to accompany the bid, it shall be deemed unresponsive, unless the Purchasing Manager deems the failure to be nonsubstantial. All checks will be returned to the bidders within five (5) days after the contract has been Board approved. If a performance bond is required, the successful bidder will be notified after the awarding of the contract. 8.BRAND NAMES: The name of a certain brand, make, model number, manufacturer, or definite specification is to denote the quality standard of the article desired, but does not restrict the bidder to the particular brand, make, model number, manufacturer, or specification named. It is set forth to convey the general style, character, and quality of the item desired to the prospective bidder. Whenever the words "or approved equal" appear in the specifications, they shall be interpreted to mean an item of material or equipment similar to that named, which is approved by the Purchasing Department or their designated representatives. The burden of proof that alternate brands are in fact equal or better falls on the bidder, and proof must be to the Board’s satisfaction. 9. CONFLICT OF INTEREST: Section 36-25-9 of the Code of Alabama states: “No member of any county or municipal agency, board, or commission shall vote or participate in any matter in which the member or family member of the member has any financial gain or interest” Employees may not use their offices or positions for personal gain and must adhere to applicable provisions of the Alabama Ethics Law and the MCPSS Board policy 6.10 concerning Ethics. Further information can be found on both the Alabama Ethics Commission’s and MCPSS Website. 10.DELIVERY OF BIDS: Bids must be received in the Purchasing Office by the the date and time specified on the bid cover. All bids will be accepted until the time and date stated on the bid cover. No bids will be accepted that extend past the time and date on the bid cover. The time of receipt shall be determined by the time clock stamp in the Purchasing Department. Bids submitted by U.S. Mail must be addressed to the Board of School Commissioners, Purchasing Office, P.O. Box 180069, Mobile, AL 36618; when using other couriers, send to the Board of School Commissioners, Purchasing Office, 1 Magnum Pass, Mobile, AL 36618. The School District accepts no responsibility for premature opening GENERAL TERMS AND CONDITIONS MOBILE COUNTY PUBLIC SCHOOL’S PURCHASING DEPT. REVISED 08/13/20 of bid response not properly identified or late arrival of a bid response for whatever reason. No fax or emails will be accepted. The Board will not be responsible in the event the U.S. Postal Service or any other courier system fails to deliver the proposal to the Board of School Commissioners, Purchasing Department by the time stated in the bid request. All bids shall remain firm for acceptance by the Board for a period of 60 days from the date of bid opening. If the School System is closed for any reason, including but not limited to: Acts of God, strikes, lockouts, riots, acts of war, epidemics, governmental regulations superimposed after the fact, fire, earthquakes, floods, or other natural disasters (the “Force Majeure Events”) which closure prevents the opening of bids at the advertised date and time, all bids received shall either be publicly opened and read aloud on the next business day that the department opens at the advertised time or the bid opening will be extended by sending out an addendum that states the new date and time to all registered bidders. 11.ERRORS IN BIDS: Bidders are assumed to be informed regarding conditions, requirements, and specifications prior to submitting bids. Failure to do so will be at the bidder’s risk. Bids already submitted may be withdrawn without penalty prior to bid opening. Errors discovered after the bid opening may not be corrected. 12. FEDERAL MONIES Expenditure of federal monies require the bidder to comply with all applicable standards, orders, or regulations issued pursuant to the following: Clean Air Act (42 U.S.C. 7401-7671q); Federal Water Pollution Control Act as amended (22 U.S.C. 1251- 1387) Buy American provision (7 CFR §210.21); Equal Employment Opportunity (41 CFR §60); Davis-Bacon Act (40 U.S.C. 3141-3148) ;Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708); Rights to Inventions Made Under a Contract or Agreement (37 CFR §401.2); Debarment and Suspension (Executive Orders 12549 and 12689), Copeland “Anti- Kickback” act (18 U.S.C. 874 and 40 U.S.C. 276c) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) Procurement of Recovered Materials (See §200.322) National Defense Authorization Act (NDAA) Section 889 13.HAZARDOUS AND TOXIC SUBSTANCES: Bidder must comply with all applicable Federal, State, County and City laws, ordinances and regulations relating to hazardous and toxic substances, including such laws, ordinances and regulations pertaining to information hazardous and toxic substances, and as amended from time to time. Bidder shall provide the School District with a “Material Safety Data Sheet” if required. 14. INVOICING, DELIVERY, PACKAGING: Invoices shall be prepared only after ordered materials have been delivered. Payment will be made in accordance with Terms of Payment in the Minimum Specifications. District personnel may choose to use a VISA® Purchasing Card and E-Payables process for invoice payments in place of a check to pay for purchases from this solicitation. Unless exception is noted in the bid response, the bidder by submitting a bid, agrees to accept the VISA® purchasing card and E-Payables process, as an acceptable form of payment and may not add additional service fees/handling charges to purchases made with the VISA® purchasing card. Refusal to accept this condition may cause your bid to be declared non- responsive. All invoices must show the purchase order number. Vendors shall not ship any material without an authorized purchase order from the Board of School Commissioners of Mobile County or local school. All packages delivered must show the purchase order number. The successful bidder will be required to furnish all materials, equipment, and/or service called for at the bid price quoted. In the event the bidder fails to deliver within a reasonable period of time, as determined by the Board, the right is reserved to cancel the award and subsequent purchase order and purchase from the next lowest responsible bidder the items needed. The original bidder will be back charged the difference between the original contract price and the price the Board has to pay as a result of the failure to perform by the original contractor. All bids will remain firm for acceptance for 60 days from the date of bid opening. Prices shall be net F.O.B.; School Site, Mobile County, AL. The title and risk of loss of the goods will not pass to the Board, Departments, Schools until receipt and acceptance takes place at the F.O.B. point. 15. INSPECTION OF PREMISES: At reasonable times, the Board may inspect those areas of the contractor’s place of business that are related to the performance of a contract. If the Board makes such an inspection, the contractor must provide reasonable assistance. The Board reserves the right on demand and without notice all the vendor’s files associated with a subsequent contract where payments are based on contractor’s record of time, salaries, materials, or actual GENERAL TERMS AND CONDITIONS MOBILE COUNTY PUBLIC SCHOOL’S PURCHASING DEPT. REVISED 08/13/20 expenses. This same clause will apply to any subcontractors assigned to the contract. 16. INSURANCE: If a contract results from this bid, the contractor shall maintain such insurance as will indemnify and hold harmless the School District from Workmen’s Compensation and Public Liability claims for property damage and personal injury, including death, which may arise from the contractor’s operations under this contract, or by anyone directly or indirectly employed by him/her. A. LIMITATION TO DAMAGE: In no event shall the BOARD or any of its Commissioners, officers, employees, agents, or servants be liable to the Contractor or Vendor for any direct or indirect, special, consequential, or incidental damages or lost profits or punitive damages, arising out of or related to this bid document, or to the performance of or breach of any provision hereof. 17. INVITATION TO BID: Any provisions made in the Invitation for Bid supersedes any provisions outlined here in the General Terms and Conditions. 18. NON-DISCRIMINATION: The Board provides equal opportunities for all businesses and does not discriminate against any vendor regardless of race, color, creed, sex, national origin, or disability in consideration for an award. 19. PRODUCT TESTING: Vendor shall incur all cost involved in obtaining an Independent Laboratory Test if the Board deems necessary during the term of the contract or before the contract is awarded. The Board reserves the right to request a demonstration of any product or service before making the award at no additional cost to the school district. The time frame of the testing will be mutually agreed upon by both parties. 20. PATENTS: Bidders guarantees that the sale and/or use of goods will not infringe upon any U.S. or foreign patent. Bidder will at his/her own expense, indemnify, protect and save harmless the School District, employees on any claims arising out of the purchase of goods or services. 21. PROTESTS: Any protest to the Board’s consideration of any bid must be submitted in writing and received by the Purchasing Director no later than five (5) calendar days after awarding date of the bid. If needed, The Chief Financial Officer will send a written reply to the protesting bidder. The Board of Education is the final authority on issues relating to this contract. The Purchasing Director is the Board’s representative in the award and administration of this contract, and will issue and receive all documents, notices and correspondence. The decision of the Board of Education is final, conclusive, and binding on all parties concerned. 22. PREPARATION OF BID: All bids shall be typewritten or in ink on the form(s) prepared by the Board. Bids prepared in pencil will not be accepted. All proposals must be signed by officials of the corporation or company duly authorized to sign bids. Any bid submitted without being signed will automatically be rejected. All corrections or erasures shall be initialed and dated by the person authorized to sign bids. If there are discrepancies between unit prices quoted and extensions, the unit price will prevail. 23 PRICING: Prices quoted shall be delivered prices and shall include any and all costs, charges, taxes, and fees i.e. the Board shall only pay the price and amount quoted and nothing more. 24. PURCHASES: Once the bid is board approved, a letter will be issued to the awarded vendor(s). This letter does not authorize to make purchases. Purchase orders will be issued as authorization for all purchases. 25. QUESTIONS/CONTACT: All questions must be directed to the buyer listed on the particular bid. Clarification will be made only by written addenda sent to all registered bidders. The Board will not be responsible for verbal answers regarding the intent or meaning of the specifications or for any verbal instructions given prior to the bid opening. Bidders shall not contact any member of the Mobile County School Board, Superintendent, or Staff regarding this bid prior to such bid has been Board approved. Any such contact shall be cause for rejection of your proposal. 26. REJECTION OF BIDS: Mobile County School District reserves the right to accept or reject any or all bids in whole or in part for any reason, to waive technicalities or informalities, or to advertise for new proposals, if, in the judgment of the awarding authority, the best interest of the School District will be promoted thereby. Bidders may be disqualified and rejection of proposals may be recommended to for any of (but not limited to) the following causes: Failure to use the bid forms furnished by the Board of School Commissioners, Lack of signature by an authorized representative on the bid form, Failure to properly complete the bid form and vendor compliance, Default on previous contracts, Evidence of collusion among bidders, Unauthorized alteration of the bid form. On the final board approved bid tabulation, a written justification of all bidders that were rejected will be presented and made public. 27. SAMPLES: Bidders will not be required to furnish samples at the time of bid opening, unless specifically GENERAL TERMS AND CONDITIONS MOBILE COUNTY PUBLIC SCHOOL’S PURCHASING DEPT. REVISED 08/13/20 called for. The Board reserves the right to request samples after bid opening to assist in the evaluation of proposals submitted. 28. TABULATION: Bid results are posted on Purchasing’s web site, and will remain for sixty (60) days after the posting date. The awarding bidders will be sent a written notification via mail. 29. TERMINATION BASED ON LACK OF FUNDING: Any contract awarded as a result of this solicitation will be subject to funding and continued appropriation of sufficient funds for the contract. For purposes of this solicitation, the appropriating authority is deemed to be the Board of School Commissioners of Mobile County. Insufficient funds shall be the grounds for immediate termination of this solicitation. 30. TERMINATION FOR THE CONVENIENCE OF THE BOARD: The performance of the work or services under a contract as a result of this solicitation may be terminated in whole or part, whenever the Purchasing Manager shall deem that termination is in the best interest of the School District. Such determination shall be in the sole discretion of the Purchasing Manager. In such event, the School District shall be liable only for payment in accordance with the payment provisions of the contract for work or services performed or furnished prior to the effective date of termination. Termination hereunder shall become effective by delivery to contractor of written notice of termination upon which date the termination shall become effective. 31. TERMINATION FOR DEFAULT: If an award results from this bid, and the contractor has not performed or has unsatisfactorily performed the contract, payment shall be withheld at the discretion of the School District. Failure on the part of the contractor to fulfill contractual obligations shall be considered just cause for the termination of the contract, and the contractor is not entitled to recover any costs incurred by the contractor up to the date of termination. A. FORCE MAJEURE: The parties’ under this agreement are subject to, and neither party shall be liable for delays, or failure to perform caused by or due to fire, flood, water, weather events, labor disputes, power outages, civil disturbances, or any other cause beyond the party’s reasonable control 32.WARRANTY: The bidder expressly warrants that all articles, material and work offered shall conform to each and every specification, drawing, sample, or other description which is furnished to or adopted by the School District, and that it will be fit and sufficient for the purpose intended, merchantable, of good material and workmanship, and free from defect. The bidder further warrants all items for a period of one year, unless otherwise stated, from the date of acceptance of the items delivered and installed or work completed. All repairs, replacements, or adjustments during the warranty period shall be at the bidder’s sole expense. 33. VENDOR LIST: A bidder may be removed from the Qualified Vendor List if a vendor fails to respond to three (3) consecutive ITB’s. A properly submitted “No Bid” is considered as a response and the vendor will receive credit for the response. THE BOARD MAY REJECT ANY BID FOR FAILURE BY THE BIDDER TO COMPLY WITH ANY REQUIREMENTS STATED ABOVE IN THE BID PROPOSAL OR IN ATTACHMENTS THERETO WHICH BECOME PART OF THE BID. THE SCHOOL BOARD OF MOBILE COUNTY, ALABAMA __________________________________ RUSSELL HUDSON DIRECTOR OF PURCHASING 1.0 PURPOSE: 1.1 The purpose of this Request for bid (RFB) is to solicit responses from qualified firms to provide drug and alcohol testing programs which comply with Federal Highway Administration (FHWA) regulations implementing the Omnibus Transportation Employee Testing Act of 1991 (OTETA) (including subsequent revisions or additions) as appropriately outlined in the drug testing guidelines provided by the Federal Substance Abuse and Mental Health Services Administration (SAMHSA). The drug and alcohol testing program will be utilized by Mobile County Public Schools. 1.2 If a response is found to be the most acceptable according to the procedures defined herein, the Department of Health Services will recommend to the Superintendent that a contract for twelve (12) consecutive months starting July 1, 2022, and ending June 30, 2023, be approved for the services specified herein. The contract may be renewed at the same terms and conditions, if agreed upon by both parties, up to a maximum of two (2) years. 1.3 It is the responder's responsibility to examine the Request for Bid to determine that the requirements are clearly stated, and to submit its proposal in a timely, complete, and procedurally correct manner. A contract shall be awarded by written notice to the qualified and responsive vendor whose responses is determined to be most advantageous to the system taking into consideration the price and other criteria set forth herein. 1.4 The request for bid proposal is for a turnkey program for immediate implementation for approximately 800 employees required to drive school system vehicles by the DOT regulations, approximately 225 employees who require Non-DOT Testing under the authority and policies of the Mobile County Public School System Board of School Commissioners. The bid should include: 1. Procedures for implementing the policy passed by the Board of School Commissioners 2. Orientation of personnel and their supervisors 3. Selection of persons to be screened - Random tests 4. Disposition of positive reactors 5. Option for Prescription Drugs 6. Post accident tests 7. Reasonable suspicion tests 8. Return to duty tests 9. Follow-up tests 10. Enforcement 11. Records 12. Notification by local MRO 1.5 DEFINITION The following words and phrases, when used in the instruction to Vendors, shall have the following meaning. 1. "OTETA" shall mean the Omnibus Transportation Employee Testing Act of 1991, including subsequent revisions or additions. The Act requires compliance with regulations for alcohol and controlled substances testing for employees in safety-sensitive positions. 2. "FHWA Regulations" shall mean 49 CFR Part 40 an 382 et al., "Controlled Substances and Alcohol Use and Testing Rule," including subsequent revisions or additions. 3. "EBT Device" shall mean evidential breath testing device and must be approved by the National Highway Traffic Safety Administration.. 4. "NIDA" shall mean the National Institute on Drug Abuse, which is the agency formerly used to certify laboratories qualified to perform DOT drug testing. 5. "BAT" shall mean the Breath Alcohol Test or Technician certified to use an Evidential Breath Testing Device. 6. "Blind Sample" shall mean a urine specimen submitted to a laboratory for quality control testing purposes. 7. "Collection Site" shall mean the place where specimens are collected to be analyzed for substance abuse. 8. "DHHS" shall mean the Department of Health and Human Services, the agency that now certifies laboratories qualified to do DOT drug testing. 9. "DOT" shall mean the U.S. Department of Transportation. 10. "MRO" shall mean Medical Review Officer is a licensed physician with knowledge of substance abuse disorders who has appropriate medical training to interpret and evaluate drug test results. 11. “On Site Collection” shall mean any job site or accident site. 12. "Split Sample" shall mean two urine specimens. If an employee's test results are positive, the employee has an opportunity to have the second sample tested by a second DHHS certified lab for the identified drug(s) only, with no cutoff levels. 13. "NHTSA CPL shall mean the National Highway Traffic Safety Administration Conforming Products List. 14. “SAMHSA” shall mean the Federal Substance Abuse and Mental Health Services Administration. 2.0 TECHNICAL SPECIFICATIONS FOR DRUG TESTING: 2.1 COLLECTION SITES FOR DRUG TESTING SAMPLES 2.1.1 The method for collection and analyzing urine samples shall meet the requirements specified in FHWA Regulations 49 CF Part 40. A minimum of three collection sites shall be located within the County of Mobile. All sites shall have the approval of the Program Designee. 2.1.2 Collection facilities shall provide service Monday through Friday, five (5) days per week, for a minimum of eight (8) consecutive hours per day with hours between 7:00 a.m. through 7:00 p.m. The successful vendor shall supply an emergency number to provide sample collection after regular office hours. After hours sample collection will be required for post accident testing. 2.1.3 Collection facilities shall be regularly engaged in the business of providing a required sample collection for drug testing. The facility engaged in the collection shall provide an adequate waiting room for School District employees. The School District employee shall wait no more than 30 minutes for scheduled testing to begin unless an emergency condition exists. Adequate parking near the facility shall be required. The vendor shall manage all collections according to the standards set outlined by OTETA, FHWA Regulations and SAMHSA and all applicable federal and state laws, rules, and regulations. 2.1.4 The successful vendor shall be required to submit "blind" or test specimens regularly to the lab. The vendor shall specify the method of compliance with the blind specimen requirements of the program. 2.1.5 The school district shall have the right to conduct on site inspections of the collection facilities with independent consultants at its discretion with no advance notice during normal working hours. 2.1.6 The vendor shall provide a listing of the office hours of proposed collection facilities and the telephone number utilized during non-scheduled hours by each facility with the response. The telephone number utilized during non-scheduled hours shall meet the criteria specified in paragraph 2.1.2. 2.1.7 The vendor shall specify how overnight transportation of specimens will be forwarded to the testing laboratories with the response. 2.1.8 The vendor shall provide an option to test for a panel of prescription drugs commonly prescribed, whose contraindications include operating motor vehicles or whose interaction with other prescription drugs may adversely affect an employees ability to safely operate a motor vehicle. 2.1.9 The vendor shall be able to provide “On Site Collection” upon request of The School District. 2.2 LAB SERVICES 2.2.1 The laboratory shall be currently certified and shall meet FHWA Regulations. 2.2.2 The laboratory shall conduct testing and storage of specimens (primary and split specimens) according to Regulations, with appropriate equipment. 2.2.3 The laboratory shall provide the purchaser, upon request, a list of all authorized personnel (individuals requiring 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). 2.2.4 Records shall be maintained for the appropriate period of time to comply with U.S. DOT Regulations and the Alabama State Department of Education guidelines. 2.2.5 The laboratory shall make inspection reports available upon request. 2.2.6 Negative results for drug tests shall be reported to Medical Review Officer within 24 hours; confirmed positive result shall be reported to a Medical Review Officer within 48 hours of receipt of the specimen. 2.2.7 All reported results and monthly summaries shall be forwarded to the Medical Review Officer and purchaser according to Regulations. 2.2.8 The laboratory shall have a quality control program accordance with FHWA Regulations. 2.2.9 Proof of credentials of laboratory directors and technicians in each laboratory must be submitted with the proposal. 2.2.10 The vendor shall specify the record keeping system the lab will utilize with the proposal, including fail-safe back-up procedures to prevent loss of documentation due to any circumstances. 2.2.11 Information related to any suspension of the laboratory shall be submitted with the proposal. 2.3 MEDICAL REVIEW OFFICER(S) (MRO) 2.3.1 The MRO must be a licensed physician who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate drug test results. 2.3.2 MRO certification shall be from one of the three recognized MRO authorities. These are the American Association Medical Review Officers, the American Society of Addition Medicine, or the American College of Occupational and Environmental Medicine. 2.3.3 The MRO must have a minimum of three (3) years experience in the field of substance abuse and toxicology drug testing as a MRO. 2.3.4 Proof of MRO qualifications must be included with the proposal. This shall include medical degrees held, licenses, and certifications. 2.3.5 The MRO is not required to be located within Mobile County. The MRO is required to adhere to all D.O.T. Regulations and all State of Alabama Rules and Regulations for all D.O.T. and Non D.O.T. employees. 2.3.6 Test results shall be provided to the school system designee within forty eight (48) hours of verification by the MRO. If the MRO is unable to contact the donor within 24 hours of the first attempt, the school system designee should be contacted by the MRO for assistance in reaching the donor within 24 hours. 2.3.7 Submit with the proposal, the location, hours of operation and emergency telephone number of the MRO. 2.4 REPORTING AND RECORD KEEPING 2.4.1 All reports and records necessary to comply with FHWA Regulations shall be provided by the successful vendor to the school board, with security reports and records on an electronic and paper backup system being maintained. 2.4.2 The proposal must include sample copies of all reports that will be utilized to comply with Regulations, including a description of the record keeping process, how it complies with FHWA Regulations, and how the system is maintained. 3.0 TECHNICAL SPECIFICATIONS FOR BREATH ALCOHOL TESTING: 3.1 SCOPE OF WORK 3.1.1 This portion of the RFB is for the purpose of soliciting information from vendors which can offer alcohol testing to Mobile County Public Schools for employees in possession of a Commercial Drivers License who are covered by the FHWA Regulations to include post accident testing, random alcohol testing, reasonable suspicion alcohol testing, return to duty alcohol testing, and follow-up alcohol testing. 3.2 GROUPS TO BE TESTED 3.2.1 The responses must cover employees in possession of a Commercial Drivers License who are covered by the requirements and the FHWA Regulations 49 CFR Part 40. Testing sites shall be located within the county of Mobile. 3.2.2 The responses must cover employees who are to be tested under the authority and policies of the Mobile County Public School System Board of School Commissioners. 3.3 COLLECTION SITES FOR ALCOHOL TESTING 3.3.1 The method for collecting and performing breath testing shall meet the requirements specified in FHWA Regulations 49 CFR Part 40. A minimum of three collection sites shall be located within the County of Mobile. These sites shall have the approval of the Program Designee. 3.3.2 Testing facilities shall provide service Monday through Friday, five (5) days per week, for a minimum of eight (8) consecutive hours per day with hours between 7:00 a.m. through 7:00 p.m. The successful vendor shall supply an emergency number to provide breath alcohol testing after regular office hours. After hours testing will be required for post accident testing. The School District employees shall wait no more than 15 minutes for scheduled testing to begin. A reasonable level of privacy shall be provided. Adequate parking near the facility shall be required. 3.3.3 Breath alcohol testing sites shall have trained Breath Alcohol Technicians (BATs) meeting all FHWA regulations. Equipment for screening and confirmatory testing shall meet all FHWA regulations. 3.3.4 The successful vendor shall be required to maintain a quality assurance plan and the ensurance that inspection, calibration and maintenance of equipment is performed by the manufacturer to meet FHWA Regulations. 3.3.5 The vendor shall maintain pertinent records on behalf of the employing school board for the appropriate period of time to comply with U.S. DOT Regulations. 3.3.6 The school board shall have the right to conduct on site inspections of the testing facility during normal business hours with independent consultants at its discretion with no advance notice. 3.3.7 Breath alcohol detection limits shall be consistent with FHWA Regulations. BATs shall immediately report positive results of breath alcohol tests to the designated school system representative by telephone or by electronic means in a confidential manner in order to allow the school system administration to prevent the employee from performing a safety sensitive function. The initial transmission shall be followed by written results in a manner that is consistent with FHWA Regulations. 3.3.8 The vendor shall specify the record keeping system, the collection site will utilize with the proposal, including fail-safe back-up procedures to prevent loss of documentation due to any circumstances. 3.4 REPORTING AND RECORD KEEPING 3.4.1 To provide security of reports and records a duplicate off-site record keeping system shall be maintained. The proposal must include sample copies of all reports that will be utilized to comply with FHWA Regulations, as well as a description of the record keeping process. 4.0 METHOD OF PAYMENT 4.1 The successful vendor shall submit monthly invoices on the first of each month to the school board reflecting fees for drug tests and breath alcohol tests. These invoices shall include the testing date, ID number, employee identification number or social security number, and type of test given. The invoices shall reflect service provided to the School District in the prior month. 5.0 TRAINING 5.1 The proposal shall fully disclose all training services available to employees and supervisors. Description must include any and all services and training materials available and shall meet FHWA Regulations 49 CFR 382. The minimum training shall include annual supervisory training as well as materials for use by the school district for training and retraining supervisors and employees. The cost of these materials shall be included as a fully inclusive cost in the cost response. The training is to be coordinated by the Health Services Department. 6.0 RANDOM SELECTION 6.1 The bid must include the method or providing the required random selection of employees and the procedures to be followed in notifying the school district, the employee selected and the test to be performed. 7.0 GENERAL SPECIFICATIONS 7.1 The successful vendor shall obtain and maintain during the entire contract period all permits and/or licenses required by any governmental entity for continued operation of their facilities. 7.2 Federal, State, County and local laws, ordinances, rules and regulations that in any manner affect the service covered herein apply. Lack of knowledge on the part of the responder shall in no way be cause for relief from responsibility. 7.3 The successful vendor shall maintain in full force and effect for the duration of the contract, appropriate insurance coverages. 7.4 The Proposal must include a description of the agency, noting the following: a. A description of the organization b. Legal status c. Length of time in business d. Number of employees e. Home office address and telephone number f. Local office address and telephone number (if different from home office) g. Name, business address and telephone number of the person in the organization who will be responsible for the day to day operations. An 800 number must be provided. h. Name, business address and telephone number of the person responsible for this response. i. Any outstanding litigation that would threaten the viability of the responding firm. j. Current financial statements and/or other documentation which would convince the evaluator that the organization will be in business three years from now. k. Proof of any required licensing or certification. 1. Certification of liability protection insurance coverage for libel, contract liability, errors and omissions, and litigation involving drug testing. m. Provide the following information about at least five organizations with which the organization currently does business, and which have approximately the volume of business estimated in this proposal. a. Name b. Complete business address c. Telephone Number d. Name of contact person at each organization who can discuss the work performed for the organization. e. How long have these services been provided to the organization? n. Detail the experience and credentials of the person in your organization who will be responsible for the day to day operations and oversight of this project. o. Describe the availability of client services/customer service/sales representatives. This would encompass accessibility of these representatives to the school board, the ease of contacting a representative who can provide timely information, the company’s philosophy of customer service and response time. p. Billing methods must be fully described with a sample invoice. q. Discuss why the organization is the best qualified for this project. Provide any additional information the organization believes should be a part of the response. 7.5 Responses should be listed in the same numerical order as the RFB. 7.6 The bid must include information regarding the method and procedures to be followed in performing “on-site collection” samples. 8.0 VISA PURCHASING CARD AND E-PAYABLES PAVA 8.1 District personnel may choose to use a VISA® Virtual Credit Card Program through AOC/Regions Bank for invoice payments in place of a check to pay for purchases from this solicitation. Unless exception is noted in the bid response, the bidder by submitting a bid agrees to accept the VISA® Virtual Credit card process, as an acceptable form of payment and may not add additional service fees/handling charges to purchases made with the VISA® Virtual Credit card. Refusal to accept this condition may cause your bid to be declared non-responsive. (See the attached E-payables explanation and the VISA Virtual Card vendor enrollment data elements form). IMMIGRATION LAW COMPLIANCE Vendor Information Name: Address: Street Address Suite/Unit # City State ZIP Code Phone: ( ) Alternate Phone: ( ) Please Read the attached Immigration Notice and Select one (1) of the Following: The Alabama Immigration Law DOES NOT apply to the above named company. Please explain: _______________________________________________________________________________ ________________________________________________________________________________ The Alabama Immigration Law DOES apply to the above named company and the documents are on file with Mobile County School System The Alabama Immigration Law DOES apply to the above named company and the AFFIDAVIT OF ALABAMA IMMIGRATION COMPLIANCE DOCUMENTS are ATTACHED with the Bid Response The documents are available at www.mcpss.com/immigrataion and www.dhs.gov/e-verify Employee Signature Date CONFIRMATION REQUEST: AFFIDAVIT OF ALABAMA IMMIGRATION COMPLIANCE Mobile County School Board Accounts Payable Department What is a Virtual Credit Card? The District has adopted the use of a VISA Virtual Credit Card powered by AOC/Regions Bank. AOC receives invoice and purchase order details from Accounts Payable and assigns a one-time use credit card number. The VISA Virtual Credit Card allows the District to pay vendors via a credit card and turn around a vendor payment in a shorter time frame than the current paper check you now receive. How Does Virtual Credit Card Work? • After goods are delivered and/or services rendered, vendors submit invoices to the Account Payable Department according to the current process. • When Accounts Payable has authorization of a match (purchase order and invoice) and the invoice(s) are due for payment according to your current payment terms with the District the payment process begins. • The vendor then receives an email notification of the payment from the District • The vendor then logs into a secure site from the email received and puts in the assigned PIN number. Each payment notification will include the card number, expiration date, security code, payment amount and invoice and/or PO numbers. • Once the vendor receives the email, the credit card has been authorized to be charged for the amount listed in the email. When the vendor charges the card as authorized in the email, the virtual card will no longer be available for charges. When the next payment is provided the vendor will receive a new card number, security code and expiration date with invoice amount and/or PO number. What are the Benefits to using the VISA Virtual Card? • Receive payments 7 -10 days sooner; resulting in a quicker cash flow for day to day operations or investments. • Reduce the cost of paper processing and employee time spent on preparing and making bank deposits. • Void the risk of lost or stolen checks • Quickly reduce outstanding accounts receivable balances. How do I Participate in the VISA Virtual Card Program? Simply contact the Mobile County School Board Accounts Payable Department at (251)221-4437 and request to be enrolled in the VISA Virtual Card Program through AOC/Regions Bank. AOC/Regions Bank VISA Virtual Card Vendor Enrollment Data Elements 1. Vendor Number (Internal Use Only- MCPSS) 2. Vendor Name 3. Vendor Address 4. Accounts Receivable Contact Name 5. Accounts Receivable Contact Email 6. Accounts Receivable Contact Phone Number Vendor please provide and complete below: Vendor Name __________________________________________________________________________________ Vendor Address __________________________________________________________________________________ Vendor A/R Contact Name __________________________________________________________________________________ Vendor A/R Email Address __________________________________________________________________________________ Vendor A/R Phone Number __________________________________________________________________________________ If you have any questions please contact Chuck Harben in Accounts Payable 251-221-4437 or email charben@mcpss.com. [Type text] Revised 1/9/12 CHECKLIST This checklist is provided to assist Bidders in the preparation of their bid response. Included in this checklist are important requirements that are the responsibility of each Bidder to submit with their response in order to make their bid response fully compliant. This checklist is only a guideline; it is the responsibility of each Bidder to read and comply with the Invitation to Bid in its entirety. _____ Mailing envelope has been addressed to: Board of School Commissioners Board of School Commissioners Purchasing Office Purchasing Office P. O. Box 180069 OR 1 Magnum Pass Mobile, AL 36618 Mobile, AL 36618 _____ Mailing envelope must be sealed and marked with: • Bid Number • Bid Title • Bid Opening Date and Time TO HELP REDUCE POSTAGE COSTS, AWARD NOTICES WILL ONLY BE MAILED TO SUCCESSFUL BIDDERS. THE BID RESPONSES CAN BE VIEWED ON THE WEBSITE; AFTER BOARD APPROVAL, THE OFFICIAL AWARD CAN BE VIEWED ON THE WEBSITE (ACTIVE CONTRACTS). ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET Check Each Of The Following As The Necessary Action Is Completed.  The Invitation to Bid sheet has been signed  The minority questionnaire  The variance sheet (if applicable)  The debarment sheet  No Bid Bond required  Addendum (if any) has been included  AOC Vendor Enrollment Data Sheet  Read all bid requirements and specifications  Alabama Immigration Law Compliance Documents  Vendor Disclosure Statement Revised 6/27/07 BOARD OF SCHOOL COMMISSIONERS MOBILE COUNTY PUBLIC SCHOOLS VENDOR MINORITY QUESTIONNAIRE BID NO#: 22-56 Please complete this form and return it with your bid proposal. Should you choose not to bid at this time, please complete this form and forward back to our office as soon as possible. It is necessary that you check all categories that apply to your company. Failure to comply could result in rejection of your proposal and/or removal of your name from our bidder's list, as we are now required to provide this information to the State Department. VENDOR NAME: ________________________________________ ADDRESS: ________________________________________ PHONE #: ________________________________________ FAX #: ________________________________________ IS THE COMPANY MINORITY OWNED?: ____YES ____NO IS THE COMPANY OWNED BY: ____MALE ____FEMALE ___BOTH IS THE COMPANY INCORPORATED ____YES ____NO ETHNICITY OF OWNERSHIP: ____ ASIAN AMERICAN ____ AMERICAN INDIAN ____ BLACK ____ DISABLED ____ HISPANIC ____ OTHER (PLEASE SPECIFY):__________________________________ SIGNATURE: ____________________________________ PRINT NAME: ____________________________________ TITLE: ____________________________________ DATE: ____________________________________ Revised 6/27/07 SPECIFICATION VARIANCE SHEET BID ON: DRUG AND ALCOHOL TESTING – HEALTH SERVICES BID NO: 22-56 If bidding a substitute, bidder must identify in detail the differences on this sheet. Please include any other documents that will support your explanation. Failure to complete this document may result in rejection of bid. ITEM # EXPLANATION Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section 3017.510, Participants' responsibilities. The regulations were published as Part IV of the January 30, 1989, Federal Reqister (pages 1722-1733). Copies of the regulations may be obtained by contacting the Department of Agriculture agency offering the proposed covered transaction. (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public trans- action; violation of Federal or State antitrust statutes or commission of embezzle- ment, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1) (b) of this certification; and (d) have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. ____________________________________________________________________________ Organization Name PR/Award Number of Project Name ____________________________________________________________________________ Name(s) and Title(s) of Authorized Representative(s) ____________________________________________________________________________ Signature(s) Date Form AD-1047 (1/92) INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this form, the prospective primary participant is providing the certification set out on the reverse side in accordance with these instructions. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out on this form. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reasons of changed circumstances. 5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction”, “participant," "primary covered transaction," "principal," "proposal," and "voluntarily excluded,” as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary participant further agrees by submitting this form that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 9 Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Form AD-1047 (1/92) VENDOR DISCLOSURE STATEMENT Information and Instructions Act 2001-955 requires the disclosure statement to be completed and filed with all proposals, bids, contracts, or grant proposals to the State of Alabama in excess of $5,000. The disclosure statement is not required for contracts for gas, water, and electric services where no competition exits, or where rates are fixed by law or ordinance. In circumstances where a contract is awarded by competitive bid, the disclosure statement shall be required only from the person receiving the contract and shall be submitted within ten (10) days of the award. A copy of the disclosure statement shall be filed with the awarding entity and the Department of Examiners of Public Accounts and if it pertains to a state contract, a copy shall be submitted to the Contract Review Permanent Legislative Oversight Committee. The address for the Department of Examiners of Public Accounts is as follows: 50 N. Ripley Street, Room 3201, Montgomery, Alabama 36130-2101. If the disclosure statement is filed with a contract, the awarding entity should include a copy with the contract when it is presented to the Contract Review Permanent Legislative Oversight Committee. The State of Alabama shall not enter into any contract or appropriate any public funds with any person who refuses to provide information required by Act 2001-955. Pursuant to Act 2001-955, any person who knowingly provides misleading or incorrect information on the disclosure statement shall be subject to a civil penalty of ten percent (10%) of the amount of the transaction, not to exceed $10,000.00. Also, the contract or grant shall be voidable by the awarding entity. Definitions as Provided in Act 2001-955 Family Member of a Public Employee - The spouse or a dependent of the public employee. Family Member of a Public Official - The spouse, a dependent, an adult child and his or her spouse, a parent, a spouse's parents, a sibling and his or her spouse, of the public official. Family Relationship - A person has a family relationship with a public official or public employee if the person is a family member of the public official or public employee. Person - An individual, firm, partnership, association, joint venture, cooperative, or corporation, or any other group or combination acting in concert. Public Official and Public Employee - These terms shall have the same meanings ascribed to them in Sections 36-25-1(23) and 36-25-1(24), Code of Alabama 1975, (see below) except for the purposes of the disclosure requirements of this act, the terms shall only include persons in a position to influence the awarding of a grant or contract who are affiliated with the awarding entity. Notwithstanding the foregoing, these terms shall also include the Governor, Lieutenant Governor, members of the cabinet of the Governor, and members of the Legislature. Section 36-25-1(23), Code of Alabama 1975, defines a public employee as any person employed at the state, county or municipal level of government or their instrumentalities, including governmental corporations and authorities, but excluding employees of hospitals or other health care corporations including contract employees of those hospitals or other health care corporations, who is paid in whole or in part from state, county, or municipal funds. For purposes of this chapter, a public employee does not include a person employed on a part-time basis whose employment is limited to providing professional services other than lobbying, the compensation for which constitutes less than 50 percent of the part-time employee's income. Section 36-25-1(24), Code of Alabama 1975, defines a public official as any person elected to public office, whether or not that person has taken office, by the vote of the people at state, county, or municipal level of government or their instrumentalities, including governmental corporations, and any person appointed to a position at the state, county, or municipal level of government or their instrumentalities, including governmental corporations. For purposes of this chapter, a public official includes the chairs and vice-chairs or the equivalent offices of each state political party as defined in Section 17-16-2, Code of Alabama 1975. Instructions Complete all lines as indicated. If an item does not apply, denote N/A (not applicable). If you cannot include required information in the space provided, attach additional sheets as necessary. The form must be signed, dated, and notarized prior to submission. ENTITY COMPLETING FORM ADDRESS CITY, STATE, ZIP TELEPHONE NUMBER ( ) STATE AGENCY/DEPARTMENT THAT WILL RECEIVE GOODS, SERVICES, OR IS RESPONSIBLE FOR GRANT AWARD ADDRESS CITY, STATE, ZIP TELEPHONE NUMBER ( ) This form is provided with: � Contract � Proposal � Request for Proposal � Invitation to Bid � Grant Proposal Have you or any of your partners, divisions, or any related business units previously performed work or provided goods to any State Agency/Department in the current or last fiscal year? � Yes � No If yes, identify below the State Agency/Department that received the goods or services, the type(s) of goods or services previously pro- vided, and the amount received for the provision of such goods or services. STATE AGENCY/DEPARTMENT TYPE OF GOODS/SERVICES AMOUNT RECEIVED Have you or any of your partners, divisions, or any related business units previously applied and received any grants from any State Agency/Department in the current or last fiscal year? � Yes � No If yes, identify the State Agency/Department that awarded the grant, the date such grant was awarded, and the amount of the grant. STATE AGENCY/DEPARTMENT DATE GRANT AWARDED AMOUNT OF GRANT 1. List below the name(s) and address(es) of all public officials/public employees with whom you, members of your immediate family, or any of your employees have a family relationship and who may directly personally benefit financially from the proposed transaction. Identify the State Department/Agency for which the public officials/public employees work. (Attach additional sheets if necessary.) NAME OF PUBLIC OFFICIAL/EMPLOYEE ADDRESS STATE DEPARTMENT/AGENCY State of Alabama Disclosure Statement (Required by Act 2001-955) OVER 2. List below the name(s) and address(es) of all family members of public officials/public employees with whom you, members of your immediate family, or any of your employees have a family relationship and who may directly personally benefit financially from the proposed transaction. Identify the public officials/public employees and State Department/Agency for which the public officials/public employees work. (Attach additional sheets if necessary.) NAME OF NAME OF PUBLIC OFFICIAL/ STATE DEPARTMENT/ FAMILY MEMBER ADDRESS PUBLIC EMPLOYEE AGENCY WHERE EMPLOYED If you identified individuals in items one and/or two above, describe in detail below the direct financial benefit to be gained by the public officials, public employees, and/or their family members as the result of the contract, proposal, request for proposal, invitation to bid, or grant proposal. (Attach additional sheets if necessary.) Describe in detail below any indirect financial benefits to be gained by any public official, public employee, and/or family members of the public official or public employee as the result of the contract, proposal, request for proposal, invitation to bid, or grant proposal. (Attach additional sheets if necessary.) List below the name(s) and address(es) of all paid consultants and/or lobbyists utilized to obtain the contract, proposal, request for pro- posal, invitation to bid, or grant proposal: NAME OF PAID CONSULTANT/LOBBYIST ADDRESS By signing below, I certify under oath and penalty of perjury that all statements on or attached to this form are true and correct to the best of my knowledge. I further understand that a civil penalty of ten percent (10%) of the amount of the transaction, not to exceed $10,000.00, is applied for knowingly providing incorrect or misleading information. Signature Date Notary’s Signature Date Date Notary Expires Act 2001-955 requires the disclosure statement to be completed and filed with all proposals, bids, contracts, or grant proposals to the State of Alabama in excess of $5,000. REQUIRED FEDERAL PROVISIONS FOR PROCUREMENT IN CNP PROGRAMS Updated 3/13/2017 Title 2: Grants and Agreements PART 200—UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS Subpart F—Audit Requirements Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” (D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. (J) See §200.322 Procurement of recovered materials. A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. http://www.ecfr.gov/cgi-bin/retrieveECFR?gp=&SID=1cec65502d5475dbc980201c401a946c&mc=true&n=pt2.1.200&r=PART&ty=HTML http://www.ecfr.gov/cgi-bin/retrieveECFR?gp=&SID=1cec65502d5475dbc980201c401a946c&mc=true&n=sp2.1.200.f&r=SUBPART&ty=HTML REQUIRED FEDERAL PROVISIONS FOR PROCUREMENT IN CNP PROGRAMS Updated 3/13/2017 Title 7: Agriculture PART 210—NATIONAL SCHOOL LUNCH PROGRAM Subpart E—State Agency and School Food Authority Responsibilities §210.21 Procurement. (d) Buy American— (1) Definition of domestic commodity or product. In this paragraph (d), the term ‘domestic commodity or product’ means— (i) An agricultural commodity that is produced in the United States; and (ii) A food product that is processed in the United States substantially using agricultural commodities that are produced in the United States. (2) Requirement. (i) In general. Subject to paragraph (d)(2)(ii) of this section, the Department shall require that a school food authority purchase, to the maximum extent practicable, domestic commodities or products. (ii) Limitations. Paragraph (d)(2)(i) of this section shall apply only to— (A) A school food authority located in the contiguous United States; and (B) A purchase of domestic commodity or product for the school lunch program under this part. (f) Cost reimbursable contracts— (1) Required provisions. The school food authority must include the following provisions in all cost reimbursable contracts, including contracts with cost reimbursable provisions, and in solicitation documents prepared to obtain offers for such contracts: (i) Allowable costs will be paid from the nonprofit school food service account to the contractor net of all discounts, rebates and other applicable credits accruing to or received by the contractor or any assignee under the contract, to the extent those credits are allocable to the allowable portion of the costs billed to the school food authority; (ii) (A) The contractor must separately identify for each cost submitted for payment to the school food authority the amount of that cost that is allowable (can be paid from the nonprofit school food service account) and the amount that is unallowable (cannot be paid from the nonprofit school food service account); or (B) The contractor must exclude all unallowable costs from its billing documents and certify that only allowable costs are submitted for payment and records have been established that maintain the visibility of unallowable costs, including directly associated costs in a manner suitable for contract cost determination and verification; (iii) The contractor's determination of its allowable costs must be made in compliance with the applicable Departmental and Program regulations and Office of Management and Budget cost circulars; (iv) The contractor must identify the amount of each discount, rebate and other applicable credit on bills and invoices presented to the school food authority for payment and individually identify the amount as a discount, rebate, or in the case of other applicable credits, the nature of the credit. If approved by the State agency, the school food authority may permit the contractor to report this information on a less frequent basis than monthly, but no less frequently than annually; (v) The contractor must identify the method by which it will report discounts, rebates and other applicable credits allocable to the contract that are not reported prior to conclusion of the contract; and (vi) The contractor must maintain documentation of costs and discounts, rebates and other applicable credits, and must furnish such documentation upon request to the school food authority, the State agency, or the Department. (2) Prohibited expenditures. No expenditure may be made from the nonprofit school food service account for any cost resulting from a cost reimbursable contract that fails to include the requirements of this section, nor may any expenditure be made from the nonprofit school food service account that permits or results in the contractor receiving payments in excess of the contractor's actual, net allowable costs. (g) Geographic preference. (1) A school food authority participating in the Program, as well as State agencies making purchases on behalf of such school food authorities, may apply a geographic preference when procuring unprocessed locally grown or locally raised agricultural products. When utilizing the geographic preference to procure such products, the school food authority making the purchase or the State agency making purchases on behalf of such school food authorities have the discretion to determine the local area to which the geographic preference option will be applied; (2) For the purpose of applying the optional geographic procurement preference in paragraph (g)(1) of this section, “unprocessed locally grown or locally raised agricultural products” means only those agricultural products that retain their inherent character. The effects of the following food handling and preservation techniques shall not be considered as changing an agricultural product into a product of a different kind or character: Cooling; refrigerating; freezing; size adjustment made by peeling, slicing, dicing, cutting, chopping, shucking, and grinding; forming ground products into patties without any additives or fillers; drying/dehydration; washing; packaging (such as placing eggs in cartons), vacuum packing and bagging (such as placing vegetables in bags or combining two or more types of vegetables or fruits in a single package); the addition of ascorbic acid or other preservatives to prevent oxidation of produce; butchering livestock and poultry; cleaning fish; and the pasteurization of milk. In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA. Persons with disabilities who require alternative means of communication for program information (e.g. Braille, large print, audiotape, American Sign Language, etc.), should contact the Agency (State or local) where they applied for benefits. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English. To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, (AD-3027) found online at: http://www.ascr.usda.gov/complaint_filing_cust.html, and at any USDA office, or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, SW Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: program.intake@usda.gov. This institution is an equal opportunity provider. http://www.ecfr.gov/cgi-bin/retrieveECFR?gp=&SID=1cec65502d5475dbc980201c401a946c&mc=true&n=pt7.4.210&r=PART&ty=HTML http://www.ecfr.gov/cgi-bin/retrieveECFR?gp=&SID=1cec65502d5475dbc980201c401a946c&mc=true&n=sp7.4.210.e&r=SUBPART&ty=HTML http://www.ocio.usda.gov/sites/default/files/docs/2012/Complain_combined_6_8_12.pdf http://www.ascr.usda.gov/complaint_filing_cust.html mailto:program.intake@usda.gov BID ON: DRUG AND ALCOHOL TESTING - HEALTH SERVICES BID NO: 22-56 OPENED: JUNE 9, 2022 @ 2:00 PM Drug and Alcohol Testing of employees with CDL, 50% drug testing, 10% alcohol testing. Approximate population of 800 Regular and Substitute Drivers and other employees with CDL's. Drug & Alcohol testing for approximately 225 Non DOT employees driving system owned vehicles or heavy equipment Item Description Charge per Test 1 Random Test DOT A. Drugs - Approximately 400 employees $ B. Alcohol - Approximately 80 employees $ Non DOT A. Drugs - Approximately 75 employees $ B. Alcohol - Approximately 23 employees $ Charge per Test 2 Other Drug and Alcohol Tests A. Panel of prescription drugs $ B. Reasonable Suspicion Tests $ C. Post Accident Tests $ D. Return to Duty/Follow-Up Testing $ Charge per Test 3 On Site Collecting $ Charge Per Session No. Employees allowed per session 4 Employee training sessions A. Drug awareness for employees $ B. Supervisor Training Sessions $ Per Test 5 Annual Administration Fee $ Charge Per Exam or Screen Item Description Per Test 6 Physical exams biannually for CDL renewal. Approximately 200 - 450 employees annually A. Physical $ B. EKG's for drivers 65 years old & over $