Administrative Services Phone: (505) 396-8521
100 North Main, Suite 11 Fax: (505) 396-5684
Lovington, NM 88260 e-mail: kmclaughlin@leacounty.net
LEGAL NOTICE OF REQUEST FOR PROPOSALS
LEA COUNTY, NEW MEXICO
ALCOHOL / DRUG TESTING SERVICES
PROPOSAL # 9 - (07-08)
DUE DATE: APRIL 8, 2008 - 3:00 P.M.
The Lea County Commissioners will receive sealed proposals in the Conference Room, First Floor, Courthouse, Lovington, New Mexico, for Alcohol / Drug Testing Services.
Requests for Proposals and all related information will be available on Lea county’s web site at www.leacounty.net or by contacting the Administrative Services Department, Courthouse, 100 N. Main, Suite 11, Lovington, New Mexico 88260-4030, (505) 396-8521.
Gary Schubert, Chairman
Hobbs Daily New Sun March 20, 2008
TERMS AND CONDITIONS
LEA COUNTY, NEW MEXICO
ALCOHOL / DRUG TESTING SERVICES
PROPOSAL # 9 - (07-08)
DUE DATE: APRIL 8, 2008 - 3:00 P.M.
1. Failure to comply with all of the Instructions and Conditions may subject the proposal to rejection. The Terms and Conditions, and the Specifications and Contractual Terms will form part of the contract between the County and the successful offeror.
2. Please submit four copies of your proposal. All proposal copies will be enclosed together and sealed in one envelope/package, addressed and delivered to: The Administrative Services Department, 100 N. Main, Suite 11, Lovington, New Mexico 88260-4030 by 3:00 p.m. (local time) Please mark the outside of the envelope "PROPOSAL # 9 ". It is the offeror's responsibility to see that the proposal arrives on time. Late proposals, faxes, and telegrams will be returned unopened. Telephone proposals will not be accepted.
3. All firms submitting proposals will be notified by letter of the Board's award which will be conditioned upon entering into a formal written contract acceptable to the County. Any form of contract which an offeror would expect the County to execute if it were awarded the project must be attached. It may not conflict with any provision contained in the Request for Proposals package.
4. The proposal specifications indicate the minimum standard of quality, performance or other pertinent characteristics required. All variations and exceptions from minimum specifications must be listed on or attached to the proposal.
5. Contents of any proposal will not be disclosed upon opening so as to be available to competing offerors during the negotiation process.
6. Proposals will be evaluated according to factors set forth on the attached sheet. Each factor will be given the weight indicated.
7. The County reserves the right to waive technical irregularities in the form of the proposal which do not alter the quality or quantity of the services, and the County may reject any or all proposals when it is the best interest of the County to do so.
8. A multi-term proposal is being sought. The County's payment and performance obligations for succeeding fiscal periods will be subject to the availability and appropriation of funds. Multi-term proposals must have a provision allowing the County to terminate the agreement at will at any time, or at least to the end of each fiscal year, without penalty. There must be no "equitable or moral" duty to continue to make payments under the proposal.
9. The Lea County Procurement Policy and the New Mexico Procurement Code 13-1-28 through 199, NMSA, 1978 will apply to this procurement and prevail over any inconsistent terms and govern all interpretations of contract documentation. In addition, criminal laws prohibit bribes, gratuities and kickbacks.
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TERMS AND CONDITIONS
LEA COUNTY, NEW MEXICO
ALCOHOL / DRUG TESTING SERVICES
PROPOSAL # 9 - (07-08)
DUE DATE: APRIL 8, 2008 - 3:00 P.M.
10. In submitting this proposal, the offeror represents the offeror has familiarized himself with the nature and extent of the Request for Proposals dealing with federal, state and local requirements which are part of this Request for Proposals.
11. In signing this proposal, the Offeror certifies that there has been no direct or indirect action in restraint of free competitive bidding in connection with this proposal submitted to Lea County.
12. The County will negotiate a contract with the highest qualified business as selected by the selection committee for the services contemplated under this RFP at compensation determined in writing to be fair and reasonable.
13. The offeror will be required to carry:
a. General and professional liability insurance in the amount of $1,000,000.00 per occurrence and $2,000,000.00 aggregate.
b. Workers’ Comp insurance, as required by New Mexico State Statute.
Upon award of proposal, offeror will be required to provide proof of the above coverage.
Lea County will be listed as “additional insured” on all policies.
14. This agreement is subject to New Mexico law, including but not limited to, the Procurement Code, the New Mexico Public Works Minimum Wage Act and all federal and state laws, rules and regulations pertaining to equal employment opportunity. The rights and obligations set forth herein are to be construed and interpreted according to said laws, regardless of whether they are expressly set forth herein. Should any provision herein be found to be legally unenforceable, it will not affect the legality or enforceability of the remainder of this contract, so long as the basic intent and object of this agreement is not undermined by the elimination of the objectionable provision(s).
The offeror agrees to comply with state laws and rules applicable to workers' compensation benefits for its employees. If the offeror fails to comply with the Workers' Compensation Act and applicable rules when required to do so, this agreement may be terminated by the contracting agency.
15. The offeror will save and hold the County harmless from all suits, actions, claims, losses and expenses, including attorney's fees brought on account of any injuries or damages sustained by any employee or person, including wrongful death, or damage to property as a result of any negligence, mis-conduct or omission by the offeror or employee or agent thereof connected in any way with offeror's performance under this contract.
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TERMS AND CONDITIONS
LEA COUNTY, NEW MEXICO
ALCOHOL / DRUG TESTING SERVICES
PROPOSAL # 9 - (07-08)
DUE DATE: APRIL 8, 2008 - 3:00 P.M.
16. It is expressly agreed and understood that the offeror is not authorized to act as an agent of the County or to enter into any contract on behalf of the County. It is also acknowledged that the offeror, its agents and employees, by virtue of award of this proposal, are not entitled to any fringe benefits available to the employees of Lea County.
17. The County may prematurely terminate this Contract if the Administrative Services Director judges that the offeror has inadequately or unsatisfactorily met its obligation under this Contract. This agreement may be terminated by any party for cause upon 30-days written notice to the other participants in the contract. As used herein, the term "cause" will mean a material breach of the Agreement by a non-terminating party, or acts or conduct by a non-terminating party that substantially alters the terminating party's ability to benefit from this Agreement, which breach, acts, or conduct are not cured or remedied within the 30-day period following the giving of notice by the terminating party (which notice will detail the nature of the breach, acts, or conduct constituting the case for termination and specify the effective date of termination in the event such breach, acts, or conduct are not cured or remedied within 30 days following the giving of such notice).
18. The offeror agrees not to assign this Contract, or any part thereof, to any other person or business entity, without first receiving prior written consent of the County. The offeror is forbidden from using non-employees.
19. Award of the proposal will not be altered, changed or amended except by an instrument in writing executed by the parties hereto.
20. Upon award, the agreement between offeror and the County will be governed by the laws of the State of New Mexico and enforced in the District Court of Lea County.
21. After award, proposals are subject to public inspection. Any confidential or proprietary information should be marked as such with a brief explanation as to why.
22. The County’s policy on requests for copies of proposal information is as follows:
a) Terms and Specifications are available at no charge to vendors who will be responding directly to bids or proposals.
b) Submit a written request detailing what information you would like to receive.
c) There will be a charge of $1.00 per page by check / money order made payable to Lea County at the following address:
Lea County
Administrative Services Dept.
100 North Main, Suite 11
Lovington, NM 88260
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TERMS AND CONDITIONS
LEA COUNTY, NEW MEXICO
ALCOHOL / DRUG TESTING SERVICES
PROPOSAL # 9 - (07-08)
DUE DATE: APRIL 8, 2008 - 3:00 P.M.
The fee must be paid before the information is released.
d) Charges will apply to any sub-contractors requesting our mailing list. The sub-contractor may then contact vendors directly regarding information on the specifications.
23. According to state procurement regulations, any protest of the award must be submitted in writing within fifteen (15) days of written notice of award to:
Finance Director
Lea County Courthouse
100 N. Main, Suite 11
Lovington, NM 88260
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SPECIFICATIONS AND CONTRACTUAL TERMS
LEA COUNTY, NEW MEXICO
ALCOHOL / DRUG TESTING SERVICES
PROPOSAL # 9 - (07-08)
DUE DATE: APRIL 8, 2008 - 3:00 P.M.
GENERAL INFORMATION
I. The Lea County Board of County Commissioners is soliciting proposals for an alcohol/drug testing program. Some individuals are required to undergo pre-employment testing. Some positions require random and post-incident/accident alcohol/drug testing. All County employees are subject to reasonable suspicion drug/alcohol testing. Applicants to law enforcement academies are required to undergo testing for steroid use.
Holders of Commercial Drivers Licenses are required to undergo testing in accordance with DOT guidelines as published in 49 CFR Parts 40 and 382 or as updated.
Enclosed is a copy of the “Lea County Alcohol and Substance Abuse Policy and Procedure” and a copy of the policy and procedure for CDL holders. (If you are obtaining this Request for Proposals via Lea County’s website, please call for this information (575) 396-8656.)
II. It is estimated there will be approximately 15-30 pre-employment screens and 160 alcohol/drug screens per year. Urine tests are most often required for drug and alcohol testing. Occasionally (one to five times a year) blood testing is required. A medical review officer is required.
III. Drug and alcohol screening will be required on a pre-employment, random, and other basis for individuals in certain positions. Services must be available 24 hours a day, seven days a week. For random testing, Offeror must be able to designate a selection of employees from a list supplied by Lea County.
IV. The County contemplates a one-year contract and may consider proposals for options to renew for up to three additional one-year periods, subject to availability and appropriation of funds and mutual consent. Price adjustments may be negotiated before renewal. A specific written contract is to be negotiated between the County and the provider(s) chosen. A proposed contract may be submitted with the offer.
V. Alcohol / drug testing services must comply with the minimum requirements set forth and in the Lea County Alcohol and Substance Abuse Policy and Procedures, copy enclosed. If there is any instance in which this request and the Lea County Alcohol and Substance Abuse Policy and Procedure differ, the Policy and Procedure shall control.
SCOPE OF SERVICES
VI When alcohol/drug testing is required, the individual will be tested for alcohol, amphetamines, barbiturates, benzodiazepines, cannabinoids, cocaine, methadone, methaqualone, opiates, phencyclidine, propoxyphene, and any other controlled substance specifically identified by the County.
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SPECIFICATIONS AND CONTRACTUAL TERMS
LEA COUNTY, NEW MEXICO
ALCOHOL / DRUG TESTING SERVICES
PROPOSAL # 9 - (07-08)
DUE DATE: APRIL 8, 2008 - 3:00 P.M.
VII. When alcohol/drug testing is required, the following minimum requirements must be met:
A. Appropriate information and consent form that will be properly filled out and executed by the individual. The form may allow for voluntary disclosure of prescription drugs or over the counter medications that may affect test results and a consent to release of information.
B. Collection of a urine or other biological specimen shall be conducted with appropriate precautions to prevent the submission of a false specimen.
C. Collection of the urine or other biological specimen shall be done in a manner to maximize privacy and yet ensure that the integrity of the sample is secured.
D. A tamper proof seal shall be placed on the sample container by a representative of the vendor immediately after the specimen is secured. Appropriate identification labels are to be affixed and initialed by the individual providing the sample.
E. Appropriate chain of custody and supporting documentation shall be maintained.
F. All testing shall be done by appropriately qualified personnel, using appropriate equipment in compliance with professionally recognized procedures and standards.
G. An initial positive drug test result shall prompt a second test. The second test will use a portion of the same test sample drawn from the individual for use in the first test. The results of an initial positive test will not be released until the results are confirmed by the second test.
H. An individual whose second test confirms the original positive test result may, at the individual's own expense, have a third test of acceptable reliability conducted using a portion of the same test sample withdrawn for the initial test. The laboratory and test procedures used must be approved by the County Manager, or designee, prior to testing, if the results of the third test are to be considered by the County.
I. The County will be provided a written report for all confirmed positive test results identifying the sample tested, the tests administered, the persons conducting the tests, the substances found and concentration levels. Test samples shall be preserved in all cases where a positive test result is obtained for at least 365 days.
J. All test results will be kept confidential.
K. These requirements may be changed from time to time in order to conform to emerging legal requirements in this area.
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SPECIFICATIONS AND CONTRACTUAL TERMS
LEA COUNTY, NEW MEXICO
ALCOHOL / DRUG TESTING SERVICES
PROPOSAL # 9 - (07-08)
DUE DATE: APRIL 8, 2008 - 3:00 P.M.
L. When a drug and/or alcohol test is to be done as the result of reasonable suspicion, or following the discharge of a firearm in an adversarial situation, collection of the appropriate specimen is to be directly observed either by an employee of the vendor or by a county supervisory employee of the same gender as the employee to be tested.
VIII. Collection of the specimens may take place at the vendor's place of business, at any County work site, accident site, or at any site where reasonable suspicion has been determined to exist, so long as all conditions for proper specimen collection and chain of custody can be met.
IX. The following confidentiality requirements must be met:
A. Alcohol/Drug test results will be disclosed to the individual by the County.
B. Disclosure of laboratory reports and alcohol/drug test results to any other person, agency or organization is prohibited unless written authorization is obtained from the individual and the County or disclosure is mandated by law or legal process.
C. The results of a positive test will not be released until the results are confirmed.
TESTING AND EXAMINATION FORMAT FOR APPLICANTS
X. The vendor shall first secure written consent to the examinations and testing involved and the release of all information to the County. No testing or examination work is to be done without written consent. A copy of the consent will be provided to the county.
XI. The individual shall undergo an alcohol/drug screen, or other screening required by the County policy for each specific situation.
FEES AND COSTS
XII. The County prefers a fee structure for each phase of the testing and examination programs, since not all individuals will require the entire program.
XIII. An alternative to fixed fees for specific tests may be proposed if testing is required other than in the vendor's place of business.
XIV. Pursuant to 13-1-115, NMSA, 1978, proposals are subject to negotiation on all issues, including fees and scope of work.
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SPECIFICATIONS AND CONTRACTUAL TERMS
LEA COUNTY, NEW MEXICO
ALCOHOL / DRUG TESTING SERVICES
PROPOSAL # 9 - (07-08)
DUE DATE: APRIL 8, 2008 - 3:00 P.M.
PROPOSAL CONTENTS
XV. The following information should be included in your proposal:
A. The name of the firm, and its address and telephone number, where the work will be performed. Name the firm's contact person.
B. The name(s) and appropriate accreditation(s) of the person(s) who will be in direct charge and responsible for the work done.
C. All firms subcontracted to perform any work being proposed. For each such firm, describe what work it will do & submit the information required by A & B.
D. A fee and cost schedule.
E. Any limitations on the availability of the Provider, including its ability to respond quickly to a need for testing services. State maximum time it would take to complete the testing process and report it to the County.
F. Make suggestions for modifications to the testing process to improve quality or reduce costs without sacrificing quality. To be considered, all suggested modifications must include a corresponding proposal regarding fees. No modification, however, shall substitute for a responsive proposal according to the guidelines set forth herein.
G. Offers must address each paragraph beginning with VI. through XV. by listing the paragraph number followed by: “Understood and Agreed” or a narrative comment.
H. Costs must be listed for testing services:
Alcohol $
Amphetamines $
Barbiturates $
Benzodiazepines $
Cannabinoids $
Cocaine $
Methadone $ ( Continued on next page )
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SPECIFICATIONS AND CONTRACTUAL TERMS
LEA COUNTY, NEW MEXICO
ALCOHOL / DRUG TESTING SERVICES
PROPOSAL # 9 - (07-08)
DUE DATE: APRIL 8, 2008 - 3:00 P.M.
Methaqualone $
Opiates $
Phencyclidine $
Propoxyphene $
Steroids $
I. Before work begins, the successful offeror must provide Lea County with a certificate of insurance which includes professional liability of $1,000,000 or more with Lea County shown as an additional insured. This insurance must be carried during the term of any contract with Lea County.
EVALUATION CRITERIA
XVI. Proposals will be evaluated according to the following criteria:
POSSIBLE
POINTS
Quality of procedures 35
In-house capability to perform services 15
Service time 15
Price 35
TOTAL 100
======
The Terms and Conditions are incorporated herein by reference.
End of specifications.
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PROPOSAL FORM
LEA COUNTY, NEW MEXICO
ALCOHOL / DRUG TESTING SERVICES
PROPOSAL # 9 - (07-08)
DUE DATE: APRIL 8, 2008 - 3:00 P.M.
Attach proposal which addresses all evaluation criteria.
The services offered meet specifications: Yes No
If the services offered do not meet specifications, all exceptions or variations are set forth on the following page.
I have read and understand the Terms and Conditions and Specifications and Contractual Terms. I agree to comply with such and warrant that the services offered are as represented in this Proposal Form.
______________________________________ _______________________________________
Signature Name (Typed/Printed)
______________________________________ _______________________________________
Company Position
______________________________________ ___________________ ___________________
Address Telephone Number FAX Number
______________________________________ _______________________________________
City, State, Zip Tax ID # -OR- Social Security #
State of ___________________)
)ss.
County of __________________)
____________________________________(name), being duly sworn, deposes and says that he /she
is ___________________________(title) of __________________________(company) and all fore-
going questions and all statements herein contained are true and correct.
Subscribed and sworn to before me this _______ day of __________________, 20____.
___________________________________________
Notary Public
My commission expires:
_______________________
OPTIONS, EXCEPTIONS OR VARIATIONS
LEA COUNTY, NEW MEXICO
ALCOHOL / DRUG TESTING SERVICES
PROPOSAL # 9 - (07-08)
DUE DATE: APRIL 8, 2008 - 3:00 P.M.
Please state each and every option, exception, or variation to the specifications (if any) for the service offered. Please sign below and return with your offer.
THERE ARE OPTIONS, EXCEPTIONS OR VARIATIONS.__________________________________
Signature
THERE ARE NO OPTIONS, ETC. LISTED. The products or services offered on this invitation to bid meet or exceed all specifications, terms and conditions as described in said invitation to bid without exceptions. I understand products or services not meeting all specifications, terms and conditions will be rejected and all costs will be borne by the seller.
__________________________________
Signature