THIRD PARTY NON-COMMERCIAL DRIVER S LICENSE SKILLS TESTING SERVICES ISSUING OFFICE

Transcription

1 December 27, 2017 REQUEST FOR APPLICATIONS FOR THIRD PARTY NON-COMMERCIAL DRIVER S LICENSE SKILLS TESTING SERVICES ISSUING OFFICE PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF OFFICE SERVICES 400 NORTH STREET, 5 TH FLOOR HARRISBURG, PENNSYLVANIA RFA NUMBER 3516R08

2 TABLE OF CONTENTS PART I GENERAL INFORMATION FOR APPLICANTS 1 PART II INFORMATION REQUIRED FROM APPLICANTS 7 PART III CRITERIA FOR SELECTION 10 PART IV WORK STATEMENT 11 APPENDIX A APPENDIX B APPENDIX C APPENDIX D APPENDIX E APPENDIX F APPENDIX G APPENDIX H APPENDIX I APPENDIX J APPENDIX K APPENDIX L APPENDIX M APPENDIX N DRIVER S LICENSE TESTING AGREEMENT SPECIAL CONTRACT TERMS AND CONDITIONS THIRD PARTY NON-COMMERCIAL DRIVER S LICENSE SKILLS TESTING SERVICES APPLICATION PERFORMANCE BOND DRIVERS LICENSE CENTER LOCATION FLYER DRIVER LICENSE CENTERS (MAP INDICATING GEOGRAPHIC COVERAGE BY DISTRICTS) COMMONWEALTH NONDISCRIMINATION/SEXUAL HARASSMENT CLAUSE CONFIDENTIALITY POLICY CONTRACTOR INTEGRITY PROVISIONS CONTRACTOR RESPONSIBILITY PROVISIONS CONTRACTOR PROVISIONS RIGHT TO KNOW LAW ENHANCED MINIMUM WAGE PROVISIONS PROVISIONS CONCERNING THE AMERICANS WITH DISABILITY ACT SAMPLE TESTING ROSTER i

3 PART I GENERAL INFORMATION FOR APPLICANTS I-1. Purpose. This Request for Applications (RFA) provides interested applicants with sufficient information to enable them to prepare and submit applications for consideration by the Commonwealth of Pennsylvania to satisfy a need to add additional qualified testers for the Third Party Non-Commercial Driver s License Skills Testing Services Program. I-2. Issuing Office. This RFA is issued for the Commonwealth by the Pennsylvania Department of Transportation (Department). The Issuing Office is the sole point of contact in the Commonwealth for this RFA. Please refer inquires to Holly Zeiders, RFA Administrator, Bureau of Office Services, 400 North Street, 5 th Floor, Harrisburg, PA inquiries may be sent to PDRFPQuestions@pa.gov. I-3. Scope. This RFA contains instructions governing the applications to be submitted and the material to be included, a description of the service to be provided, requirements, which shall be met to be eligible for consideration, general evaluation criteria, and other requirements to be met by each application. I-4. Problem Statement. In October 2014, the General Assembly of the Commonwealth of Pennsylvania passed an amendment to the Vehicle Code allowing the Department of Transportation to authorize a third party to administer the portion of the examination demonstrating the applicant s ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the type or class of vehicles for which the applicant desires a license to drive. The Commonwealth has over 8.9 million license drivers of which 8.5 million represent noncommercial drivers. Licensing is conducted within 69 PennDOT Driver License Centers across the state, and, these centers interact with over 2.3 million customers per year. A geographic expansion of license testing service sites, alternative testing schedules, and the opportunity to link driver s education training with testing services would greatly enhance customer services. The Department is interested in addressing the growing demand for license testing services by increase the availability of non-commercial driver testing sites in the Commonwealth, particularly in the southeast area of the state where the Department s needs for this service is the greatest. I-5. Type and Duration of the Agreement. A. The initial 18-month pilot program ended on October 1, An open enrollment shall be conducted from the date of the advertisement on emarketplace. The Issuing Office anticipates accepting up to 35 responsive applicants in the first year and 25 responsive applicants each year after that, at the Department s discretion. Applications received shall be reviewed and evaluated for compliance with the requirements, and 1

4 then evaluated and prioritized based on the Department s greatest need for service. Contractors with an active contract through RFA 3514R08 shall re-apply. The services shall be performed during a 60-month period following the date of the Notice to Proceed. If an application is approved, the Department and the applicant shall enter into an Agreement. If an Agreement is entered into as a result of this RFA, it shall be a Driver s License Testing Agreement and shall contain the provisions shown in the sample agreement, attached as Appendix A to this RFA. The agreement entered into shall be a no cost agreement for testing services. B. Additional Term. The Department may renew the Agreement incrementally or in one step, for a period of up to 60 months with any vendor in compliance with the requirements of the RFA and certified as a Third Party Tester. The renewal shall be upon the same terms and conditions, by letter signed by duly authorized representatives of the Department, the vendor, the Department s Office of Chief Counsel, the Commonwealth s Office of General Counsel, and the Attorney General. The renewal shall be a no cost agreement. C. Agreement Extension. The Department may extend any agreement resulting from this RFA for up to three (3) months to prevent a lapse in services. I-6. Rejection of Applications. The Department may reject any applications. I-7. Incurring Costs. The Commonwealth is not liable for costs incurred by applicants. I-8. Questions and Answers Session. PennDOT will not hold a pre-proposal conference for this RFA. For the initial open enrollment, please questions to PDRFPQuestions@pa.gov before 4:30 PM on January 8, Responses to questions shall be posted on the Department of General Services website (listed in Part I General Information for Applicants, Section I-10) on January 12, I-9. Amendment to the RFA. If it becomes necessary to revise any part of this RFA, an amendment shall be posted to the Department of General Services website at: The applicant shall periodically check the website for any new information or amendments to the RFA. I-10. Response Date. To be considered for the Program, hard copies and electronic copies of Applications shall arrive at the Issuing Office during the initial open enrollment ending January 24, 2018 at the Pennsylvania Department of Transportation s Bureau of Office Services Information Desk on the 5 th Floor of the Commonwealth Keystone Building, 400 North Street, Harrisburg, PA The Issuing Office shall not accept applications via or facsimile. Applicants who send proposals by mail or other delivery service 2

5 should allow sufficient delivery time to ensure timely receipt. If, due to inclement weather, natural disaster, or any other cause, the Commonwealth office location to which applications are to be returned is closed on the Application response date, the deadline for submission shall be automatically extended until the next Commonwealth business day on which the office is open, unless the Issuing Office otherwise notifies applicants. The Issuing Office shall reject, unopened, any late applications. Open enrollment shall start on January 25, Applications shall be submitted to the Issuing Office at the Pennsylvania Department of Transportation s Bureau of Office Services Information Desk on the 5 th Floor of the Commonwealth Keystone Building, 400 North Street, Harrisburg, PA Due to increased security requirements in the Commonwealth s mail processing operations, incoming mail to the Keystone Building is routed, scanned and sorted at an off-site location before delivery. This includes overnight deliveries. When submitting applications via overnight delivery services, there is no guarantee the application will be received in the Issuing Office the following day. Applicants are advised to allow extra time to ensure timely delivery. I-11. Applications. To be considered, applicants should submit a complete response to this RFA, using the format provided in Part II Information Required from Applicants and Appendix C Third Party Non-Commercial Driver s License Skills Testing Services Application. An official authorized to bind the Applicant to its provisions shall sign the application by signing Appendix C Third Party Non-Commercial Driver s License Skills Testing Services Application. Applicants shall submit seven (7) paper copies of the application and two (2) complete and exact electronic copies on a separate flash drive in Microsoft Office or Microsoft Office compatible format. The electronic copies shall be exactly the same as the paper copies. The flash drives shall clearly identify the Contractor and include the name and version number of the virus scanning software used to scan the flash drives before it was submitted. The Contractor shall not distribute its proposal to any other Contractor, Commonwealth official, or Commonwealth consultant. The application shall include the federal identification number (or social security number if applicable) and the applicant s address. The application shall remain valid for 120 days or until an agreement is completely executed, whichever is later. The contents of the application become part of the agreement if an agreement is executed. I-12. Economy of Preparation. Applications shall provide a straightforward, concise description of the applicant s ability to meet the requirements of the RFA. The application should not be more than 50 pages, each of which should be numbered for ease of reference. 3

6 I-13. Applicants Responsibilities. Applicants shall be required to assume responsibility for services offered in the applications, if selected. The applicants shall identify the sole point of contact with regard to any matters affecting the agreement. I-14. Disclosure of Application Contents. Applications are confidential to the extent permitted by law and, except for the selected applications, shall not be revealed or discussed with competitors. Other materials submitted with the application, which becomes part of the final agreement, becomes the property of the Pennsylvania Department of Transportation and may be returned only at the Department s option. Applications submitted to the Department may be reviewed and evaluated by any person selected by the Commonwealth. The applicant grants the Department the right to use any ideas presented in any application. Selection or rejection of the application does not affect this right. I-15. Driver s License Testing Agreement. Selected applicants shall enter into an agreement, substantially in the form of Appendix A to this RFA. Services shall be performed during the time period established on the Notice to Proceed. The Department may use an extension option at its discretion as defined in Section I-5 of this RFA. I-16. Publication and News Releases. An applicant shall not publish or share confidential information other than as the Department permits in writing. Confidential information includes: A. Information specified as confidential within the RFA. B. Information defined in Appendix I Paragraph 1(a) of the Commonwealth s Contractor Integrity Provisions referenced in this RFA. C. Information provided to the selected applicant by the Department and stated to be confidential; or D. Any information which would tend to put the Department in an unfavorable position regarding potential liability. Applicants shall not make news releases without prior Department approval, coordinated through the Issuing Office. Third Party Testers may not publish or disclose results or activities during the agreement resulting from this RFA without providing, in writing, a minimum of two (2) weeks notice and a copy of the information to be published or disclosed. If permitted by the Department, an abstract may be provided as the notification of intent to present a publication. I-17. Commonwealth Participation. The Department shall provide project management. Unless specifically noted in this RFA, selected applicants shall provide all other services to complete 4

7 the identified work. Omissions become the responsibility of the selected applicants. PennDOT shall assign a point of contact. I-18. Cost Data. No costs to the Department are associated with this RFA. I-19. Protests. Any protest arising from the award or non-award of an Agreement as a result of this RFA, shall be filed in writing with the Secretary of the Department of Transportation and follow the procedures set forth in Section of the Procurement Code, 62 Pa.C.S A protest by a party not submitting a proposal shall be filed within seven (7) days after the protesting party submission deadline. Applicants may file a protest within seven (7) days after the protesting Applicant knew or should have known of the facts giving rise to the protest, but in no event may an Applicant file a protest later than seven (7) days after the date the notice of award of the agreement is posted on the DGS website. The date of filing is the date of receipt of the protest. A protest shall be filed in writing with the Issuing Office. To be timely, the protest shall be received by 4:00 p.m. on the seventh (7 th ) day. This section is intended as a summary of Section for informational purposes. If it conflicts with Section , the statutory language shall prevail. This section shall not be construed to afford a protestant any rights in addition to those specifically stated in Section of the Commonwealth Procurement Code. I-20. Required Commonwealth Provisions. Applicants shall comply with the following required Commonwealth provisions. As used in these provisions, Contractor refers to the applicant: A. Contractor Integrity Provisions. The current version of the Contractor Integrity Provisions, which is attached to this RFA as Appendix I; B. Commonwealth Provisions Concerning the Americans with Disabilities Act. The current version of the Commonwealth Provisions Concerning the Americans with Disabilities Act, which is attached to this RFA as Appendix M; C. Contractor Responsibility Provisions. The current version of the Commonwealth Contractor Responsibility Provisions, which is attached to this RFA as Appendix J; D. Nondiscrimination/Sexual Harassment Clause. The current version of the Commonwealth Nondiscrimination/Sexual Harassment Clause, which is attached to this RFA as Appendix G; and E. Enhanced Minimum Wage Provisions. The current version of the Enhanced Minimum Wage Provision, which is attached and made part of this RFA as Appendix L. 5

8 I-21. Right-to-Know Law. The Pennsylvania Right-to-Know Law, 65 P.S , applies to this RFA. Therefore, this RFA and the agreement are subject to, and the applicant shall comply with, the clause entitled Contract Provisions Right to Know Law, attached as Exhibit -- to this RFA. As used in this exhibit, the term Contractor refers to the applicant. 6

9 PART II INFORMATION REQUIRED FROM APPLICANTS Applications shall be submitted in the format outlined below, including the heading descriptions. The application shall respond to each requirement in this RFA. Any other information thought to be relevant, but not applicable to the enumerated categories, may be provided as an appendix to the application, including Appendix C Third Party Non-Commercial Driver s License Skills Testing Services Application. Applicants shall provide as much information as possible regarding their ability to meet or exceed the requirements for Third Party Non-Commercial Driver s License Testing Services. Applications shall address each factor specified below. II-1. Statement of the Problem. State in a brief paragraph your understanding of the objectives of the Third Party Non-Commercial Driver s License Skills Testing Services Program. Indicate the proximity of any proposed testing site to the nearest Department Driver & Vehicle License Center and how the days and hours of testing increase options for available applicants. II-2. Management Plan. Include a narrative describing a proposed approach to achieve the objectives of the Third Party Non-Commercial Driver s License Skills Testing Program. Describe the Third Party Testing operations, i.e. personnel structure, policies, procedures, practices, supervision, marketing fees, customer service, and customer complaints. The management plan shall include accountability for every substantiated customer complaint. A customer complaint is substantiated through investigation of the Department and the Third Party Tester. The management plan should address monitoring and compliance issues relative to the performance of the Third Party Examiners. This plan shall be submitted with this application. II-3. Work Plan. Describe in narrative form the tasks to be performed to meet the requirements for Third Party Non-Commercial Driver s License Skills Testing Services as listed in Part IV Work Statement for each of the following: (Be sure to address items under each heading as listed below.) A. Section II-7. Application. Describe how you will attain and maintain certifications for Third Party Testers and Third Party Examiners. B. Section IV-3. Requirements for Third Party Testers. Describe how you will meet the requirements listed in Section IV-3 Requirements for Third Party Testers. C. Section IV-4. Third Party Requirements for Third Party Examiners. Describe how you will meet the requirements listed in Section IV-4 Third Party Requirements for Third Party Examiners. 7

10 D. Part IV-5. Facility Requirements. Describe how you will meet the facility requirements listed in Section IV-5. A. Facility Requirements and Section IV-5. B. Test Route Requirements. Demonstrate your facility and test routes meet or exceed the requirements, including the following: 1. A map and drawing of two (2) routes for each Pennsylvania location where the Third Party Tester intends to conduct skills tests and a written description of the on-the-road driving course. 2. A facility offering an external site for parallel parking before entry onto a public road, and sufficient space for handicapped parking. 3. A facility containing sufficient interior space to comply with record processing, record keeping and ADA requirements. II-4. Related Experience and References. Include your business entity s experience in similar efforts of this type, scope, and duration. Include work done by individuals who will be assigned to this project and by your organization. Include at least three (3) references from companies or agencies that have done business with the applicant within the last three (3) years. Provide the name, address, and telephone number of the references, and the name, address, and phone number of responsible officials to contact. The Department may contact the references. II-5. Personnel. Include the number and names of executive and professional personnel who will be engaged in the work. Explain where these personnel will be physically located during the time they are engaged in the work. Include education backgrounds and experience in similar types of work. Indicate the responsibilities each will have in this project and how long each has been with your organization. List certified Third Party Examiners and the names of individuals you plan to have certified as Third Party Examiners. Include processes to ensure compliance with the requirements for Third Party Examiners listed in Section IV-4 Third Party Requirements for Third Party Examiners. II-6. Facilities. Include interior and exterior color photographs seven (7) sets of the proposed Test facility and skills testing area, including photographs of vehicles to be used for testing. The Department may, at its discretion, make an on-site visit to each applicant s facility, before executing an agreement. If the applicant intends to construct a facility, submit a construction schedule. If the applicant intends to lease a facility, submit a copy of a proposed lease and the date of occupancy. 8

11 II-7. Application. A completed application for certification shall be provided to the Department that includes Appendix C Third Party Non-Commercial Driver s License Skills Testing Services Application. A. Evaluation of application. 1. If the application materials are satisfactory, the Department may, at its discretion, schedule an on-site inspection of the applicant s testing facility. 2. Selection preference shall be given to applicants who offer testing services to the public. For additional information on the Department s evaluation, see Part III Criteria for Selection. 3. If the Third Party Examiner application materials and driving record are satisfactory, the Department shall schedule the applicant for the Third Party Examiner training course. Training may be waived if the applicant is seeking recertification because he or she has changed employers. B. Non-transferability of Certification. 1. Third Party Tester certificates are non-transferable. If there is a change of ownership, the new owner shall apply for certification. Old certificates shall be surrendered to the Department before a new certificate can be issued. 2. The application for a new certificate shall be made in the same manner as for an original certificate. 9

12 PART III CRITERIA FOR SELECTION III-1. Applications received during the open enrollment shall be reviewed, evaluated and prioritized by a committee of qualified personnel. The committee shall recommend for selection qualified applications based on the criteria described below, and the geographic, distribution, and demographic needs of the Commonwealth. III-2. The following shall be considered to determine if the requirements have been met: A. Understanding the Problem. The applicant s understanding of the Department s needs the generated this RFA, the Department objectives in asking for the services, and the nature and scope of work involved as evidence in Section III-1 Statement of the Problem, which is submitted by the applicant. B. Personnel Qualifications. This refers to the competence of professional personnel who would be assigned to the project by the applicant as evidenced in Section II-3 Work Plan, Section IV-3 Requirements for Third Party Testers, and Section IV-4 Third Party Requirements for Third Party Examiners which are submitted by the applicant. Qualifications of professional personnel shall be measured by experience and education, regarding experience or services similar to that described in the RFA. Particular emphasis is placed on the qualifications of the Third Party Tester s overall operations manager. C. Management Plan. The applicant s ability to ensure services are provided as outlined in the RFA. Also, describe in detail how the plan addresses monitoring and compliance issues for Third Party Examiners and, all other aspects of the organization. D. Soundness of Approach. The applicant s approach to achieve the objectives of the Third Party Non-Commercial Driver s License Skills Testing Services Program as evidenced in Section II-2 Management Plan, which is submitted by the applicant. E. Work Plan. The applicant s ability to meet or exceed the requirements of Section II-3 Work Plan, which is submitted by the applicant. The Work Plan shall identify the tasks necessary to achieve certification and compliance with the program. F. Security Plan. The applicant s ability to ensure program-related information is secure and consistent with the IT Policies outlined in the RFA. The security plan shall describe the method it intends to use at the site location. G. Facilities. The applicant s ability to meet or exceed the Department s facility requirements as evidenced by Section II-3 Work Plan, Section II-6 Facilities, and Section IV-5 Facility Requirements. 10

13 PART IV WORK STATEMENT IV-1. Objective: A. General. The Department is seeking driver training schools and other qualified organizations to administer Third Party Non-Commercial (Class C) Driver s License Skills Testing. Responsive applications accepted by the Department may be implemented in a phased-in approach, based on Department resources and time schedule. The Issuing Officer anticipates accepting up to 35 responsive applicants in the first year and 25 responsive applicants each year after that, at the Department s discretion. First preference shall be given to the southeast area of the state, because the Department s need in that area is the greatest. Qualified applicants in other areas of the state should also apply, because the Department considers and prioritizes every responsive application it receives. Responsive applications received after the application date may be considered, prioritized, and evaluated, based on Department needs. Fees charged by Third Party Testers to applicants for test administration shall be market driven and set by the Third Party Tester. Authority to administer skills tests shall be granted only to Third Party Testers under agreement with the Department and using Department certified Third Party Examiners. Third Party Tester and Third Party Examiner are defined below in Section IV-2 Nature and Scope of the RFA. B. Specific. The Third Party Tester shall administer the same non-commercial skills test the Department administers, using testing procedures provided by the Department. Once the test is complete, the Third Party Tester tells the applicant his or her test results. The Department may amend the Department s Third Party Skills Testing requirements, by written notification from the Department s RFA Administrator to the Third Party Tester, at any time during the term of the agreement. IV-2. Nature and Scope: This RFA establishes procedures to certify persons, other than Department employees, to conduct skills testing services for non-commercial driver s license applicants. Third Party Tester means an entity or business certified by the Department to administer skills test to applicants for non-commercial (Class C) driver s licenses. 11

14 Third Party Examiner means an individual who is a payroll employee of a Third Party Tester, who becomes certified by the Department to conduct the skills test for Class C driver s licenses. A Third Party Tester can be a driver training school or an organization providing driver-related services. The Third Party Tester enters into an agreement with the Department. The license the applicant ultimately receives is a valid Pennsylvania driver s license. Certified Third Party Testers participating in this program may not participate in the Department s End of Course Skills Testing Program. The End Of Course Skills Testing (EOCST) program affords high school students, who are enrolled in a Department of Education-approved driver s education program, at or through their school district, an opportunity to take their driving test the last half-hour of the 6-hours of behind the wheel instruction. Third Party Testers may not administer medical retests, tests for individuals with a dual control learner s permit, or a learner s permit requiring ignition interlock. Third Party Testers may not provide any driver license examinations for the Department of Education as part of this program. Given the potential for fraudulent issuance of licenses and the potential for individuals to be licensed who do not have the required level of skill to operate a vehicle, the selected Third Party Testers shall meet a stringent set of performance standards. These standards include criteria for employees, facilities, document security, training, equipment and testing procedures. These requirements are consistent with those used by the Department when establishing skills testing at a state-operated facility. Third Party Testers shall examine an applicant s permit, registration, safety inspection and, if applicable, emission stickers and insurance to ensure legal requirements are met. The Third Party Tester shall complete the necessary state supplied forms for test scoring and record keeping, and administer the skills portion of the test in accordance with testing procedures provided by the Department. Once the test is completed, the Third Party Tester shall inform the applicant of the results of his or her test and when to expect their camera card in the mail. The entire process shall be conducted in an environment that places customer service and convenience at the forefront while still maintaining high testing standards and security. Third Party Testers shall be selected in accordance with their ability to provide outstanding customer service while maintaining safety for the test applicant as well as the rest of the motoring public, quality control, system security, and document control. Applications shall be evaluated in accordance with the factors specified in Part II Information Required from Applicants of this RFA. At the discretion of the Department, applicants may be required to make oral presentations of their applications to the Department. The Department may, at its sole discretion, authorize the Third Party Testers to add additional test sites statewide within the terms of their agreement. Sites shall be open to the public. The Department s mainframe system, which is used to post skills test results electronically using an ipad application, is available Monday through Saturday 6am 9pm except for the following state holidays: New Year s Day, Memorial Day, Fourth of July (Independence Day), Labor Day, Thanksgiving Day, and Christmas Day. Testing shall not be permitted outside of 12

15 the system availability hours above. Down time of the Department s mainframe system due to hardware or software malfunction can occur infrequently. The Department recognizes these occurrences as normal and usual consequences of operation of a computer network. The Department shall not be responsible for any loss of work, customers or income which may result from any computer down time. Upon being given Notice to Proceed, the successful applicants shall meet whenever necessary with the Department s Third Party Program Manager to assess the status of the tasks included in Part IV Work Statement. The Program Manager shall schedule meetings and shall select meeting locations. Most meetings take place at the Riverfront Office Center, 1101 South Front Street, Harrisburg, PA. The Third Party Tester shall be available to come in person to meetings in Harrisburg if requested by the Department. IV-3. Requirements for Third Party Testers: A. General Program Requirements for a Third Party Tester. 1. Apply for and enter into an agreement with the Department as provided in Section II- 7 Application. NOTE: The application shall be approved before an agreement can be executed. 2. Have maintained a place of business in Pennsylvania for a minimum of two (2) years. 3. Employ at least two (2) certified Third Party Examiners. A Third Party Examiner shall not be an immediate family member of the Third Party Tester. A Third Party Examiner shall not administer a skills exam to an immediate family member or personal friend. 4. Third Party Examiners employed shall be certified by the Department as a Third Party Examiner and comply, with the requirements of Section IV-6 Requirements for Third Party Examiners. 5. A Third Party Tester shall be fully accountable for the oversight and conduct of its Third Party Examiners and shall employ only Third Party Examiners having the same qualifications and meeting the same training standards as PennDOT s examiners, to the extent necessary to conduct driving skills tests in accordance with the Vehicle Code (75 Pa. C.S et seq.) and PennDOT regulations. 6. A Third Party Tester shall securely maintain at each approved Third Party Testing location, for a minimum of two (2) years, a record of each driver for whom the Third Party Tester conducts a skills test, whether or not the driver passes or fails the test. Each record shall include: a. The driver s complete and current name and residential address. b. The driver s driver license number. 13

16 c. The date the driver took the skills test. d. The name and Third Party Examiner number of the Third Party Examiner conducting the skills test. e. The terms of payment, if appropriate, for every person tested. f. The record of receipts and disbursements pertaining to the skills test. g. The make, model, registration and insurance (if using personal vehicle) of the motor vehicles used to conduct the testing. h. The driver s photo, if directed by the Department. 7. A Third Party Tester shall securely maintain at each approved Third Party Testing location a record of each Third Party Examiner employed by the Third Party Tester at the location. Records shall be maintained for two (2) years after the Third Party Examiner leaves employment. Each record shall include: a. Employment Records. The name, current residential address, copy of driver s license and Social Security number, and documentation showing the Third Party Examiner is a payroll employee of the Third Party Tester. b. Pennsylvania State Police (PSP) Clearance. The Third Party Tester shall, at its expense, arrange for a background check for each of its employees, as well as the employees of any of its subcontractors. Background checks are to be conducted via the Request for Criminal Record Check form and procedure found at The background check shall be conducted before initial access for providing services and on an annual basis after that. A copy of the results of the background check shall be submitted to the Department and, if such a conviction exists, the Third Party Tester shall furnish the facts of the offense to the Department, and secure Department approval before hiring or using the person involved. A person convicted of criminal offense is not automatically barred from employment by the Third Party Tester. Each case shall be considered on its merits. Pennsylvania State Police background checks of personnel employed in the Third Party Non-Commercial Driver s License Skills Testing Services Program shall be updated annually and a report showing the checks have been completed shall be submitted to the Department by January 31 st each year. If, at any time, it is discovered a selected applicant s employee has a criminal record including a felony, or misdemeanor involving terroristic behavior, violence, use of a lethal weapon, or breach of trust/fiduciary responsibility or which raises concern about building, system or personal security or is otherwise job-related, the selected Applicant shall not assign that employee to any Commonwealth service program, shall remove any access privileges already given to the employee and shall not 14

17 permit that employee remote access unless the Department consents to the access, in writing, before access. The Commonwealth may withhold its consent, at its discretion. Failure of the selected applicant to comply with the terms of this paragraph may result in default of the selected applicant under its agreement. Third Party Examiner Certification shall be rescinded for any Third Party Examiner who is convicted of any felony within the past ten (10) years or who is convicted of any fraudulent activities within the scope of Pennsylvania Consolidated Statutes, Title 1. c. Federal Bureau of Investigation (FBI) Clearance-Data Entry Employees Only. Upon hire, any employee who shall have access to make a change to a driver s record shall have a fingerprint-based FBI criminal history check to determine if the employee has been convicted of a criminal offense. A fee is associated with the service. The Third Party Tester shall reimburse the Department for the cost of this fingerprinting and background check service. d. Child Abuse Clearance Requirement. A Third Party Tester shall obtain child abuse clearance for individuals who shall be working directly with persons under the age of Pa. C.S. 6344(a)(5) & (b). Before employment begins, an employee shall submit to an employer or other person responsible for employment decisions, a criminal history report (18 Pa. C.S. Chapter 91), a certification from the Pennsylvania Department of Human Services as to whether the applicant is named as a perpetrator in the Statewide database, and a Federal criminal history record information through submission of fingerprints to the FBI or PSP or another authorized agent. e. The Third Party Tester s employees shall sign a Department record information Appendix H Confidentiality Policy statement. Every Third Party Testing employee upon hire shall receive a copy of his or her current job description and the organizational chart. 8. The Third Party Tester shall provide with the application, for approval to the Department, a detailed organizational chart clearly describing the chain of command from specific staff to the Department s Third Party Program Manager. Additionally, the Third Party Tester shall provide, for approval by the Department, a job description for each position noted on the organizational chart. Each job description shall contain the following: a. Title of the position. b. Basic job function statement. c. The title of the position to whom the employee reports. d. Job duties and responsibilities. 15

18 e. Scope of authority. f. Standards of performance to include skills testing administered in accordance with test standards and instructions supplied by the Department. 9. Third Party Tester staff shall be responsible for accurately and courteously providing basic information related to driver licensing procedures and policies to customers. 10. A Third Party Tester shall ensure skills tests are conducted in accordance with Section IV 10 Test Route Requirements/Test Administration, or any subsequent requirements and instructions provided by the Department. Any employee found not performing in accordance with established standards related to the Third Party Non- Commercial Driver s License Skills Testing Services Program as defined in their job description shall be disciplined. Discipline may include a probationary period, suspension or removal from the Third Party Non-Commercial Driver s License Skills Testing Services Program. The Third Party Examiners job description shall include Third Party Examiners requirements included in this document or as otherwise directed by the Department. 11. The Third Party Tester shall designate one (1) manager who directs the operations and shall be the Department s contact person. The Third Party Tester shall provide, as a condition of the agreement, competent, continuous supervision and instruction to ensure each third party test site is properly operated. A designated supervisor shall be available at the Third Party testing site during hours of operation. 12. The Department shall have access to designated supervisory staff during hours of Third Party testing. 13. The Third Party Tester shall supply to every Third Party Examiner and Supervisor, including back up staff, an identification badge which shall be worn by employees at all times while on duty so each Third Party Examiner or Third Party Examiner Supervisor is readily identifiable by customers. 14. A Third Party Tester shall provide any driver who takes and passes the driving skills tests with documented proof of test completion. 15. A Third Party Tester shall display its certificate and its examiner s certificates at its place of business. This letter/certificate grants the authority to administer a Third Party Non-Commercial Driver s License Skills Testing Services Program for the classes and types of vehicles listed. 16. The Department, at its discretion, may make unannounced visits to observe and inspect Third Party Testing Operations. 16

19 17. A Third Party Tester shall cooperate with any investigations by the Department s Third Party Program Manager or other designated Department official if the Department receives any complaints from Third Party Examiners or drivers. 18. A Third Party Tester shall ensure compliance with the RFA and the agreement executed pursuant to Section II-7 Application. 19. A Third Party Tester shall ensure at least 100 driver tests per year shall be administered at each approved testing site unless this requirement is waived pursuant to Section IV- 12 Waivers. 20. A Third Party Tester shall conduct and maintain a written quarterly internal review of non-commercial Class C testing procedures and policies and an internal quarterly audit of the Third Party Examiners employed. 21. A Third Party Tester shall ensure testing shall only be done during daylight hours. Hours of operation shall be reported to the Department s Third Party Program Manager. The location shall be available for customers to schedule testing a minimum of 30 hours per week. 22. A Third Party Tester shall dedicate telephone service for the Third Party Non- Commercial Driver s License Skills Testing Services Program. 23. A Third Party Tester shall pre-schedule tests at least two (2) calendar days in advance. Appointments shall be entered into a scheduling system as designated by the Department. 24. A Third Party Tester shall ensure Third Party Examiners explain the procedures to be followed in the administration of the test. A translator may be present during the explanation, but only the applicant and the Third Party Examiner are permitted in the vehicle during the test. 25. A Third Party Tester shall maintain a weekly report on-site, and submit it to the Department on the first business day, of every month, showing the number of skills tests administered the previous month, including the number of tests passed and failed and the pass/fail percentage rate. 26. No official or employee of a Third Party Tester shall remain in or wander around a Driver License Center (or any other Department facility) for the purpose of soliciting business. B. Record Security and Safety of Record Information. 1. Applicants shall submit a security plan consistent with the Department s applicable ITPs (Information Technology Policies) with their application. (See Section IV-14 for details.) A specific and comprehensive security plan shall describe the method of 17

20 security it intends to employ at each location for safeguarding equipment and supplies. Security plans shall maximize the security potential and minimize the security risk at each site. The Department shall approve initial security plans and modifications made to those plans. Department approval on routine maintenance is not required; however, routine maintenance should occur after normal business hours. Records of skills tests shall be secured at each testing location (including individual test results, weekly reports, monthly reports, and blank forms). Records of skills tests shall not be made part of any personnel or training file. For any records maintained in electronic format, any computer used shall be encrypted and password protected. 2. Each Third Party Tester facility shall have and use an electronic security system in good working order. 3. The Third Party Tester s facility shall include a functioning Department-approved alarm system to notify the responsible law enforcement agency immediately if any unauthorized entry to the Third Party Tester facility occurs. At a minimum, the alarm system shall include: a. A functioning cellular back-up system to ensure alarm notification occurs if telephone line service is interrupted. b. A 36-hour battery back-up system to ensure alarm notification occurs if there is an electrical power outage. c. Assignment of unique security access codes for designated Third Party Tester employees. 4. The Third Party Tester shall provide a functioning alarm service at its Third Party Tester facility 24 hours a day, seven (7) days a week. If no functioning security alarm system exists at a site, the Third Party Tester shall provide security guard coverage until the alarm is functioning. The Third Party Tester shall immediately notify the Department s Third Party Program Manager and provide written confirmation within 48 hours of alarm malfunction, with the name of the security firm providing security guard coverage. 5. The Department may require the Third Party Tester modify alarm systems and security. The Third Party Tester shall make the needed modifications promptly at the Third Party Tester s expense. 6. The Third Party Tester shall provide alarm activity reports at the request of the Department. Reports shall include ID information and time and date of alarm sets and disarms. The Third Party Tester shall obtain from its alarm provider information regarding alarm calls, responder conversations, and notifications to policy, if the Department requests. 18

21 7. The Third Party Tester shall have at least three (3) responders on a call list for each facility. Notifications shall be forwarded to the Department s Third Party Program Manager for each alarm activation within seven (7) business days of occurrence. The report shall identify the reasons why the alarm was activated, who responded to the call, action taken, and any suggestions as to improve security or steps to prevent similar occurrences. 8. For Third Party Tester employees who are terminated, the Third Party Tester shall immediately delete the employee s security alarm code. If a terminated Third Party Tester employee is a key holder, the Third Party Tester has 48 hours to retrieve the keys. 9. Packages and deliveries addressed to the Third Party Tester shall be made to the Third Party Tester directly. Only Third Party Tester staff may sign for Third Party Tester deliveries, unless approved by the Department. 10. Other than as provided in this Agreement, the Third Party Tester shall not sell, assign, or otherwise transfer any information or portions of information obtained pursuant to the Agreement to any other party. The Third Party Tester shall not use any record information obtained pursuant to this Agreement for any purpose other than those as specifically authorized by the following: this RFA and the Driver s License Testing Agreement Title 75, Section 6114 of the Vehicle Code, 75 Pa. C.S. 6114, Limitation on Sale, publication and disclosure of records; Title 67, Pennsylvania Code, Chapter 95, Sale, Publication or Disclosure of Driver, Vehicle and Accident Records and Information; the Federal Driver s Privacy Protection Act, 18 U.S.C et seq.; and the Federal Fair Credit Reporting Act, 15 U.S.C et seq. 11. If the Department determines the Third Party Tester s security measures are insufficient, it may require the Third Party Tester to implement additional security measures. The Third Party Tester shall implement the additional security measures as soon as possible. The Third Party Tester shall, in writing, notify the Department of receipt of the revised or additional equipment, and then notify the Department of the date the revised or additional requirement is implemented. Failure to provide written notice shall constitute grounds for terminating the agreement. 12. Learner s Permits, Driver Examination reports (DL 402) and related documents shall not be held or placed at any time within view or reach of the public. 13. Theft or loss of Learner s Permits and Driver Examination Reports (DL 402) and related documents due to lack of proper security may result in the immediate termination of the Third Party Tester s agreement. 14. The Third Party Tester shall set up computer terminals so the screens are not accessible to the customer. Employees without fingerprint-based Federal Bureau of 19

22 Investigations criminal history check in place shall not have access to or be able to view any screens containing customer s driver records and personal information. 15. The Third Party Tester shall be required to shred personal customer information before disposal, including customer addresses, vehicle and driver information, social security numbers, screen prints, employee notes containing personal customer information, and discarded copies of completed forms. Alternatives to on-site document shredding may be used only with Department approval. C. Test Results Processing. 1. The Third Party Tester shall supply one or more ipads meeting the requirements of this section. The Department shall make the Mobile ipad application available to the approved Third Party Tester for processing test results via the Apple Volume Purchase Program Store. The Department shall work with the approved business partners to obtain the necessary credentials to access this store. 2. Testing shall be administered on an ipad using the Driver License Testing Mobile application. Test results shall be posted using the Driver License Testing Mobile application. Third Party Examiners shall score the customer using the mobile application at the exact time the customer is taking the test; not when they return to the office. 3. Third Party Testers may score customers using the paper Driver s Examination Report (DL 402) only if the mobile application is unavailable and if instructed by the Program Manager to use paper in lieu of electronic posting. The DL 402 form shall be scanned and securely transmitted into the Department within 24 hours after administering the test. A copy of each original shall be kept on file by the Third Party Tester for two (2) years and then shredded. 4. A Third Party Tester or Third Party Examiner shall not send a driver to a Driver License Center with the Driver s Examination Report (DL 402) or any other documents relating to the test. The driver shall never have these documents in their possession. 5. Electronic Posting of Test Results. At a minimum, requirements for ipad devices housing the Mobile ipad Application discussed above shall meet the following requirements: a. ipad Air 2 or newer with a minimum of 16 GB of storage; ios 10.1 operating system or newer. b. Wi-Fi and cellular connection. c. ipads shall have a minimum of 4GB of free disk space to allow for installing applications and associated data. 20