ALDINE INDEPENDENT SCHOOL DISTRICT Wanda Bamberg, Superintendent of Schools

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1 ALDINE INDEPENDENT SCHOOL DISTRICT Wanda Bamberg, Superintendent of Schools Carlotta Nicholas, AISD Director of Purchasing Aldine Westfield Road, Houston, Texas Phone Fax Vendor Name NOTICE TO PROPOSERS Date: ALDINE Independent School District (AISD) is accepting sealed proposals for Employee Drug Testing as specified in this document. Prior to the RFP opening, you may hand deliver your proposal between 7:30 a.m. to 4:00 p.m. at the Office of the Director of Purchasing, Aldine Westfield Road, Central Office, Houston, Texas or you may mail it to the above address. Proposals are acceptable until: March 20, 1:00 PM for Employee Drug Testing RFP# Proposals will be opened and submitting vendor s names will be called out loud following the deadline for receiving the proposals at Aldine Westfield Road, in its Administration Boardroom. If this RFP is awarded, recaps will be available after the school board meets. All questions pertaining to the proposal procedure or specifications should be submitted in writing to Carlotta Nicholas or Yolanda V. Loera, via crnicholas@aldine.k12,tx.us and copy yvloera@aldine.k12.tx.us or call us at Any proposals received later than the specified time, whether delivered in person or mailed, shall be disqualified. PLACE PROPOSALS IN AN ENVELOPE, SEAL IT, AND PLAINLY MARK: ATTN: RFP #: Director Of Purchasing, Carlotta Nicholas DO NOT OPEN UNTIL: March 20, 1:00 PM The evaluation criteria specified herein will be used to determine which of the proposals provide the best quality for AISD. AISD reserves the right to request post-proposal modifications, including best and final offers. Proposals submitted that are not in accordance with the terms and conditions of this proposal will not be considered for evaluation or award. The district reserves the right to require additional information from Proposers and to conduct necessary investigations to determine services or product reliability, Proposers performance and to determine the accuracy of Proposer information. AISD also reserves the right to reject any or all proposals, to waive any technicalities, and to accept the proposal(s) that are determined to be most advantageous to Aldine Independent School District. Recognizing that there are other important considerations other than price, AISD may not necessarily award to the lowest proposer. Bidders should periodically check our district website for any ADDENDUM pertaining to this bid that may occur during our bidding process time. (Look under district menu bar, click vendor bids ). For further information, crnicholas@aldine.k12.tx.us There are 14 pages to this proposal numbered one (1) through 14. Carlotta Nicholas, AISD Director, Purchasing Phone Fax

2 SCOPE OF PROPOSAL It is the intention of Aldine Independent School District (AISD) to establish an annual contract with a qualified vendor that meets our terms, conditions, and specifications for Employee Drug Testing as specified herein, or equal. Using the specified criteria, AISD personnel will decide which vendor offers the best service for the District. If awarded, the contract will exist April 18, 2012 through April 19, 2013 with an option to renew for two additional years if agreed in writing by both Aldine ISD and the contracted vendor. All prices shall be subject to verification. Proposals shall not exceed 3 years. Addendums: It s the vendor responsibility to periodically check the Aldine website for addendums. TERMS AND CONDITIONS FOR EMPLOYEE DRUG TESTING: Criteria COVENANT AGAINST GRATUITIES The proposer represents and certifies as part of its offer, that neither it nor any of its employees, representatives or agents, have offered or given gratuities valued at $25.00 or more (in the form of entertainment gifts or otherwise), directly or indirectly to any Aldine ISD director, officer, employee, or agent/consultant of the District with a view toward securing favorable treatment in the awarding, amending, or making of any determination with respect to the performing of the contract. APPLICABILITY- These conditions are applicable and form a part of the contract document in each service contract and a part of the terms of each purchase order for items of equipment and/or service included in the specifications and proposal forms issued herewith. PROPOSALS SHALL BE SUBMITTED ON THESE FORMS- Proposals must be submitted on the AISD proposal form in the space provided for pricing. If proposer does not fill in the blank with the proposal price, it will be considered a No Proposal. Do not attach price sheets, price lists, or similar documentation for AISD to compute proposal price. Proposal prices and any alternate proposal price must appear on the AISD proposal form. Deviations to any condition and/or specifications shall be conspicuously noted in writing by the proposer and shall be included with the proposal in the form of manufacturing product, specifications, and/or brochures. ONLY SEALED PROPOSALS ARE ACCEPTABLE. FAXED PROPOSALS will not be accepted by AISD since the fax process does not provide for the delivery of a sealed proposal. THOSE WHO DO NOT SUBMIT A PROPOSAL are requested to notify Director of Purchasing in the NO PROPOSAL NOTFICATION, ATTACHMENT A. Failure to do so may result in their being deleted from our prospective proposer mail-out list. EVALUATION OF PROPOSAL takes into account the following considerations: vendor experience, price, quality of products, suitability for the intended use, probability of continuous availability, vendor s service and reputation, safety record, and date of proposed job completion. It is not the policy of AISD to purchase on the basis of low bids alone. Aldine I.S.D. will use the additional following factors outline in Texas Education Code b to evaluate as required by 1) the purchase price; 2) the reputation of the vendor and of the vendor s goods or services; 3) the quality of the vendor s goods or services; 4) the extent to which the goods or services meets the district s needs; 5) the vendor s past relationship with the district; 6)the impact on the ability of the district to comply with laws and rules relating to historically underutilized businesses; 7) the total long-term cost to the district to acquire the vendor s goods or services; 8) and any other relevant factor specifically listed in the request for proposals or proposals. 2

3 DISCLOSURES: By signing this proposal a vendor affirms that he/she has not given, offered to give, not intends to give at any time hereafter any economic opportunity, future employment, gift loan, gratuity, special discount, favor or service to a public servant in connection with the proposal submitted. Proposals shall disclose whether any of the school district s board members or administrative executives has any business or familiar relationships with proposer or proposer s principal offices or employees. PROPOSER SHALL NOTE any and all relationships that might be a conflict of interest and include such information with the proposal. BY SIGNING THIS proposal a proposer affirms that to the best of his/her knowledge, the proposal has been arrived at independently, and is submitted without collusion with anyone to obtain information or gain any favoritism that would anyway limit competition or give them an unfair advantage over other proposers in the award of this proposal. CONTRACTS FOR PURCHASE will be put into effect by means of a purchase order(s) upon authorized request executed by the Deputy Superintendent after proposal has been awarded. (a) Any additional agreements/contracts to be signed by AISD shall be included with the proposal. (b) Prices for all goods and/or services shall be negotiated to a firm amount for the duration of this contract or as agreed to in terms of time frame.15.3 Tax Exemption: AISD is exempt for payment of taxes under Chapter 20, Title 122A, Revised Civil statutes of Texas, for the purpose of tangible personal property. ASSIGNMENTS AND SUBCONTRACTING: Proposer understands that the contract may not be assigned, encumbered, pledged, mortgaged, transferred or otherwise disposed of either in whole or in part without written consent from the customer. TERMINATION OF CONTRACT: It is understood that the district retains the option to terminate this agreement for any reason at the end of the contract year without pecuniary risk or penalty or at any point during the contract term with evidence of just cause. The district agrees that it will provide written notice of termination no later than (30) thirty-days prior to the end of the contract year or for just cause. The termination will become effective and this agreement shall terminate (30) thirty-days following written notification of intent. VENDOR NON-PERFORMANCE: If at any time the vendor fails to fulfill or abide by the terms and conditions or specifications of the contract, AISD reserves the right to: (a) Purchase on the open market and charge the vendor the difference between contract price and actual purchase price, or (b) Deduct such charges from existing invoices totals currently due or (c) Cancel within (30) thirty-days written notification of intent and remove the vendor from the active proposal file for a period of time not less than one (1) year. (d) Re-proposal the service/product (e) Award to next lower responsible proposer, if accepted by same 3

4 (f) INDEMNIFICATION To the fullest extent permitted by applicable law, the Proposer and its agents, partners, employees, and consultants (collectively Indemnitors ) shall and do agree to indemnify, protect, defend with counsel approved by the District, and hold harmless the District, and their respective officers, directors, members of the board, partners, employees and agents (Collectively Indemnitees ) from and against all claims, damages, losses, liens, causes of action, suits, judgments and expenses, including attorney fees, of any nature, kind, or description (Collectively Liabilities ) of any person or entity whomsoever arising out of, caused by, or resulting from the performance of services, or provision of goods, by contractor pursuant to this contract, or any part thereof, which are caused in whole or in part by any negligent act or omission of the Proposer or, anyone directly or indirectly employed by it or anyone for whose acts it may be liable even if it is caused in part by the negligence or omission of any Indemnitee, so long as it is not caused by the sole negligence or willful misconduct of any Indemnitee. In the event more than one of the Indemnitors are connected with an accident or occurrence covered by this indemnification, then each of such Indemnitors shall be jointly and severally responsible to the Indemnitees for indemnification and the ultimate responsibility among such Indemnitors for the loss and expense of any such indemnification shall be settled by separate proceedings and without jeopardy to any Indemnitee. The provision of this article shall not be construed to eliminate or reduce any other indemnification or right which the District or any of the Indemnitees has by law. Proposer shall protect and indemnify the District from and against all claims, damages, judgments and loss arising from infringement or alleged infringement of any United States patent, or copyright, arising by or out of any of the services performed or goods provided hereunder or the use by Proposer or by the District at the direction of Proposer of any article or material, provided that upon becoming aware of a suit or threat of suit for patent or copyright infringement, the District shall promptly notify Proposer and Proposer shall be given full opportunity to negotiate a settlement. Proposer does not warrant against infringement by reason of the District s design of articles or the use thereof in combination with other materials or in the operation of any process. In the event of litigation, the District agrees to cooperate reasonably with Proposer and parties shall be entitled, in connection with any such litigation, to be represented by counsel at their own expense. The indemnities contained herein shall survive the termination of any agreement or purchase order for any reason whatsoever. 4

5 Also, see Vendor Performance Criteria. (ATTACHMENT E) OTHER REQUIREMENTS: Any problems or discrepancies that are not covered by the above requirements should be directed to the Deputy Superintendent for a determination or clarification prior to any action taken on said problem or discrepancy. If the contractor fails to make such request, no excuse will thereafter be entertained for failure to carry out the work in a satisfactory manner. Documents or other commitments made by unauthorized personnel are not legal and binding upon AISD and may result in a personal obligation for the individual making the procurement or commitment. INVOICES & PRICING: Invoice discrepancies between the invoice and payment will be corrected upon request. VENUE TERMS: This contract shall be enforceable in Harris County, Texas, and if legal action is necessary, by either party with respect to the enforcement of any and all of its terms and conditions, exclusive venue for any legal action shall lie in Harris County, Texas. ************************************************************************************* ****** BID SPECIFICATIONS AND PROVISIONS 1. The attached questionnaire, styled QUESTIONAIRE TO ACCOMPANY BIDS ON DRUG TESTING SERVICES, is considered part of these specifications and must be included in all bids under consideration. 2. This program is to be bid and operated within National Institute of Drug Abuse guidelines, utilizing NIDA approved labs and Medical Review Officers. NIDA/SAP-5 PANEL (Screen and GC/MS confirmation) will be used for drug screening and the E. B. T. (Evidential Breath Testing) device that meets D.O.T. requirements for alcohol screening. 3. The company with the qualifying bid will provide staff to collect employee s specimens at scheduled random collection dates. All collections will be done on-site in the district (to be determined by Aldine ISD) or at an approved laboratory or medical facility (approved by Aldine ISD), if employee reports for testing after specified time frame or for new hires. In the case of coaches who are listed as DOT employees because of extra-curricular situations, collections will be done at their school location. 4. The company with the qualifying bid will provide the federal guidelines for D.O.T. driver s medical examination report. 5. The company with the qualifying bid must have testing facilities within a 25 mile radius of Aldine ISD Administration Building, Aldine Westfield Rd., Houston, TX and must have on-line capabilities to review results. 6. This program will be limited to those employees who drive or maintain district owned vehicles. Such category will include, but may not be limited to, bus drivers, mechanics, maintenance personnel, administrative staff, technical services, and security force. 7. Testing will be a pre-employment requirement and random selection of existing personnel. Random selection process will be established by the company with input from Aldine ISD. 8. Successful bidder will adhere to the formal policy established by Aldine ISD, which is in compliance with the Department of Transportation guidelines. 5

6 9. The contract period shall be a period of one (1) year, 04/18/2012 to 04/19/2013 with the option to renew annually for an additional two (2) years if service is satisfactory, there are no price increases, and signed in writing by both supplier and AISD personnel. 6

7 Vendor Name QUESTIONAIRE TO ACCOMPANY BIDS ON DRUG TESTING SERVICES (Must be returned with your proposal) 1. Information for corporate or company headquarters: Contact Person: Physical Address City, State, Zip Phone: Fax: 2. Information for individual contact in Houston office: Contact Person: Physical Address City, State, Zip Phone: Fax: 3. Is your company incorporated? Yes No If yes, please attach a copy of your most recent Certificate of Existence from the Secretary of State s office. Supplied with bid to Aldine ISD Did not supply with bid for Aldine ISD 4. Information for your Medical Review Officer: Contact Name: Physical Address: City, State, Zip Phone: Fax: 5. Laboratories currently used by your firm: a. Lab Name: Physical Address: City, State, Zip: Phone: Fax: Contact Name (if available) Is this laboratory NIDA Approved? Yes No 7

8 Vendor Name 5. Laboratories currently used by your firm, continued: b. Lab Name: Physical Address: City, State, Zip: Phone: Fax: Contact Name (if available) Is this laboratory NIDA Approved? Yes No 6. List Your Off Premises Testing Facility (to be used if employee misses testing time or for unscheduled testing example: new hires): Is this facility located within a 25 mile radius from Aldine ISD? Yes No Off Premises Testing Facility: Physical Address: City, State, Zip: Phone: Fax: Contact Name (if available) 7. Will your company provide on-site testing for coaches at individual schools when they are chosen for random testing? Yes No If yes, provide details to supply this service: 8. Officers in your Firm: Complete Name: Physical Address: City, State, Zip: Phone: Fax: 9. Complete Drug Screen Fees: All fees per screen must include cost of collection by company personnel. It is estimated there will be some tests administered each month. a. NIDA/Drug Screen (5 panel) $ per screen b. GC/MS confirmed $ per screen c. E. B.T. (breathalyzer) $ per screen d. DOT MED. EX. report $ per screen TOTAL $ 8

9 Vendor Name SUBSTANCE OF ABUSE PANEL 5 (Testing shall include the following) NIDA 5 Drug Panel Drug Group Drug or Metabolite Detected Initial Test Level GC/MS Confirmation Amphetamine Amphetamine 1,000 ng/ml 500 ng/ml Met amphetamine 1,000 ng/ml 500 ng/ml Cocaine Metabolites Benzoylecaonine 300 ng/ml 150 ng/ml Marijuana metabolites Delta 9-COOH 50 ng/ml 15 ng/ml Opiate metabolites Codeine 300 ng/ml 300 ng/ml Total Morphine 300 ng/ml 300 ng/ml Heroine 300 ng/ml 300 ng/ml Phencyclidine PCP 25 ng/ml 25 ng/ml 1) Can your company supply Aldine ISD with ALL the above testing? Yes No 2) Note: An individual whose drug test yields a positive result shall immediately be given a second test at district expense using a Gas Chromatography/Mass Spectrometry (GC/MS) test. The second test shall be conducted using a portion of the same sample test obtained from the individual for use in the first test. 3) DEVIATIONS MUST BE NOTED IN WRITING: 9

10 ATTACHMENT A NO PROPOSAL FORMAT ALDINE INDEPENDENT SCHOOL DISTRICT Purchasing Department Aldine Westfield Rd. Houston, Texas Aldine Independent School District is interested in receiving competitive pricing on all services proposed. We place significant value on quality vendors and we also desire to keep your firm as a proposer and a supplier of materials, equipment and/or other services. Therefore, it is important for us to determine why you are not submitting a proposal in this contract. We will analyze your response and attempt to determine if future changes are necessary in our specification development and procedures. I or WE DID NOT SUBMIT A PROPOSAL FOR THE FOLLOWING REASONS: (Place an X by the one or more of reasons listed below.) 1. We do not supply the requested product(s)/service 2. Quantities offered or scope of job is too small to be supplied by my co. 3. Quantities offered or scope of job is too large to be supplied by my co 4. Specifications are too tight or appear to be written around a proprietary product. (Please explain) 5. Cannot propose against MANUFACTURER on this item. 6. Cannot propose against JOBBER on this item. 7. Time frame for submitting a proposal was too short. 8. Other: IF YOU DO NOT SUBMIT A PROPOSAL and wish to remain on the Aldine Independent School District proposal list for this item, please indicate: I wish to remain on the proposal list I do not wish to remain on the proposal list Vendor Signature Date AISD Employee Drug Testing RFP# Printed Name, Title Proposal Name Company Name Address City, State, Zip A/C Telephone A/C Facsimile No. Address, (not wed site) 10

11 ATTACHMENT B Note: This form must be returned with Proposal! INFORMATION AND SIGNATURE FORM for EMPLOYEE DRUG TESTING Having carefully examined the Proposal Notice, Terms, Conditions, Specification, and Proposal Forms, the undersigned hereby proposes and agrees to furnish goods and/or services in strict compliance with the specifications and conditions at the prices quoted unless noted in writing. The contract must be guaranteed for one (1) year with the option to renew for two additional years if agreed in writing by both Aldine ISD and the contracted supplier(s). VENDOR NAME ADDRESS CITY, STATE, ZIP TELEPHONE NUMBER FAX NO. ADDRESS AUTHORIZED SIGNATURED TYPE/PRINTED NAME POSITION WITH COMPANY LOCAL SALE/SERVICE REPRESENTATIVE INFORMATION VENDOR NAME ADDRESS CITY, STATE, ZIP OFFICE PHONE CELL NO. FAX 11

12 Vendor Name ATTACHMENT C EVAULUATION CRITERIA NOTE: The following information must be provided and returned for consideration in the awarding of this proposal. 1. Do you have your own employees or do you sub-contract out? 2. How long has your company been in business? Approximate number of jobs you have contracted for these types of services? Elaborate: 5. How many jobs are you currently serving? Elaborate: 6. Are you a member of a purchasing co-op? Yes No. If yes, please list 7. Is the bid price based on a co-op pricing agreement? Yes No. 8. Is pricing provided in this proposal higher than pricing your contracted commitment with a specific co-op contract? Yes No. Explain 12

13 ATTACHMENT D REFERENCES FOR SERVICES Vendor Name The following information must be provided and returned for consideration in the awarding of this proposal REFERENCES: Please list three references with whom you have contracted previously for the same type of services products asked for in this proposal: A Organization/Vendor Name: Contact person: Phone number w/area code: Address B. Organization/Vendor Name: Contact person: Phone number w/area code: Address C. Organization/Vendor Name: Contact person: Phone number w/area code: Address 13

14 ATTACHMENT E VENDOR PERFORMANCE CRITERIA Aldine I.S.D. Purchasing Department is committed to continuously providing a high level of service when obtaining products and services. Vendor performance monitoring will be conducted yearly to ensure collaboration between end-users, vendors, departments -whether purchasing department, operational departments or schools, receiving, and payables. It is the district s goal to continuously align its purchasing and supply chain processes to achieve a seamless purchase-to-pay system. To assist Aldine in achieving continuous improvement, vendors will be continuously evaluated on the following criteria: PRODUCTS/SERVICE _Exceeded specification/expectation _Met specification/expectation _Failed to meet specification/expectation (explain below) _Improper product packaging ADMINISTRATIVE _Offer on-line/web based pricing/purchasing _Co-Op contract options _Payment discounts _Correct Invoices DELIVERY _Timely delivery provided _Late delivery, 1 st notice (telephone to vendor) _Late delivery, 2 nd notice (telephone or written) _Failure to deliver _Delivery not made per agreement terms (too early or too late) _Packing list enclosed _Ease of delivery verification CUSTOMER SERVICE _Quick response time _Exceptional Customer Service _Slow response time _Easy access to sales staff _Poor access to sales staff _Provides toll-free phone numbers Periodic stakeholder surveys will assist the purchasing department in obtaining the necessary feedback to conduct vendor performance evaluations. The performance of vendors significantly impacts contract renewal offers. 14