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COMMERCE BUSINESS DAILY ISSUE OF MAY 25,1999 PSA#2353Department of Transportation, Federal Railroad Administration (FRA),
Office of Acquisition and Grants Services, 1120 Vermont Avenue, NW,
Mail Stop 50, Washington, DC, 20590 Q -- ADVISORY AND ASSISTANCE OVERSIGHT OF POST-ACCIDENT TOXICOLOGICAL
SOL DTFR53-99-R-00009 DUE 060499 POC Thomas Riddle, Contracting
Officer, Phone (202) 493-6149, Fax (202) 493-6171, Email
tom.riddle@fra.dot.gov -- Linda Dearing, Contracting Officer, Phone
(202)493-6154, Fax (202)493-6171, Email linda.dearing@fra.dot.gov WEB:
Visit this URL for the latest information about this,
http://www.eps.gov/cgi-bin/WebObjects/EPS?ACode=P&ProjID=DTFR53-99-R-0
0009&LocID=1042. E-MAIL: Thomas Riddle, tom.riddle@fra.dot.gov. The
Federal Railroad Administration (FRA) intends to negotiate on a sole
source basis with Greystone Health Sciences to oversee and promote the
reliability, quality control and caliber of laboratory services
provided under a separate FRA contract for toxicological analysis of
samples obtained from various railroad employees subject to FRA's
mandatory Post-Accident Toxicological Testing Program, as implemented
pursuant to Title 49 Code of Federal Regulations (CFR) Part 219 --
Control of Alcohol and Drug Use; and to provide specialized, expert
advice and assistance to FRA in accomplishing its objectives and
mandates under 49 CFR Part 219 and 49 CFR Part 40 -- Procedures for
Transportation Workplace Drug Testing Programs. The proposed contract
will include a one-year base period contract with two (2) additional
one-year option periods. Since 1986, the FRA has required the special
testing of rail crews to determine if drugs or alcohol were either a
primary or contributing cause to a significant rail accident or
incident. Following regulation-triggering events, samples are collected
by carrier-selected medical facilities using FRA mandatory
post-accident split-sample toxicology kits. Specimens include urine and
whole blood for surviving crew members, and urine, whole blood, and
tissue for deceased crew members. Samples are analyzed by utilizing
FRA-established cutoffs in urine and whole blood, and results obtained
must be scientifically sound and legally defensible. The third party
oversight contractor must be capable of assesssing and attesting to the
reliability of the Department of Health and Human Services/Substance
Abuse and Mental Health Services Administration (DHHS/SAMHSA)
certified, Clinical Laboratory Improvement Act (CLIA) licenced
laboratory's capabilities for (1) Receiving and preserving specimen
sets. (2) Accessioning specimens and implementing strict
chain-of-custody procedures. (3) Analyzing specimen sets based on
FRA-approved screening and confirmatory protocols using approved
immunoassays ranging from KIMS, EIA, RIA, or FPIA to GC/MS. (4) The
assessment on qualifications and expertise of the laboratory and
assigned personnel relative to the interpretation of test findings and
their capabilities to (a) provide expert testimony regarding the
laboratory's analysis of urine, whole blood, and tissue; (b) advise FRA
regarding the significance of analytical data in the determination of
accident/incident cause and the meaning of test findings with respect
to human performance; (c) provide a statement of pharmacological
significance related to positive determination, addressing drug
pharmacokinetics and pharmacodynamics, possible usage scenarios, and
possible physiological effects; and (d) properly interpret post-mortem
findings in light of possible microbial generation of alcohol. The FRA
third party technical oversight contractor is utilized by the FRA to
help ensure, though scheduled quarterly inspections using DHHS
certified/licensed inspectors and forensic toxicology experts, that the
contracted laboratory's procedures and analysis of FRA samples are
scientifically sound and legally defensible, and that its operations
otherwise fully satisfy the FRA's Post-Accident Toxicological Testing
Program scientific, technical, and administrative goals. The contractor
subjects the laboratory to both open and blind proficiency testing in
whole blood and urine. Samples are constructed by the third party
technical oversight contractor to challenge the laboratory's ability to
analyze specimens in accordance with approved FRA protocols at
established cutoffs. Following inspections, the contractor drafts (for
FRA-approval) reports of findings, recommendations, and/or required
changes to operating procedures for implementation by the contracted
laboratory. Under parallel responsibilities, the contractor is
responsible for providing expert advice on the Medical Review Officer
(MRO) Guidebook previously prepared in part by the contractor, under
the Department of Transportation (DOT), Drug Enforcement and Program
Compliance drug and alcohol testing rule. The contractor is responsible
for developing or assisting in the preparation of materials and the
conduct of technical training for Office of Safety Operating Practices
(OP) inspectors (Federal and state). The contractor must be prepared
to individually instruct or co-instruct classes in urine specimen
collection, laboratory analysis, MRO functions, Substance Abuse
Professional (SAP) functions, breath specimen collection, mandatory
post-accident specimen collection for both surviving and deceased crew
members, and other topics as assigned. The contractor is responsible
for providing FRA with one or more technical experts for Part 219
compliance audits of both rail carriers and their service providers at
various designated locations throughout the country. Contractor
technical experts must be prepared to act as senior adjunct members of
a team of FRA inspectors auditing all drug and alcohol requirements of
the applicable federal rules (both Part 219 and Part 40).
Specialexpertise is required in urine, blood, and breath specimen
collection; collection chain-of-custody and documentation; laboratory
procedures, analysis, and test result documentation; MRO procedures and
documentation; SAP procedures and documentation; and other elements and
requirements of said rules. The contractor is responsible for
development or updating of the Part 219 Compliance Manual for FRA OP
Inspectors that provides detailed protocol on how to properly evaluate
all Part 219 and Part 40 elements, and the Part 219 Compliance Manual
for FRA the Railroad Industry that provides regulated carriers with
specific guidelines on how to comply with all Part 219 requirements,
including service provider and carrier responsibilities and record
keeping. The contractor is also responsible for developing and
presenting seminars specifically designed to show regulated carriers
how to properly comply with Part 219 drug and alcohol regulations, and
seminars/training modules for OP inspectors to certify them as Part
219compliance field experts. This effort is a follow-on contract to
services previously provided by the incumbent, Greystone Health
Sciences. The capability of Greystone to perform the task is unique.
Greystone is the incumbent and only contractor that has provided these
substantially same services to FRA for over ten years. As the author
of the review standards and the inspection protocols as well as the
reporting and remedy protocols, the incumbent has a unique
understanding of the FRA requirements and Program standards and
protocols. The incumbent's expertise is singular in that unlike other
sources that have the resources to inspect and report on compliance of
DHHS certified laboratories which only review testing using urine as
the specimen, it also is equally qualified to inspect and audit
laboratory services on the other specimens which are unique to this
contract -- blood and tissue. In addition to its expertise in post
mortem and ante mortem forensic toxicology, the incumbent has the
requisite consulting expertise in drug and alcohol procedures and
documentation necessary for this contract. The incumbent's familiarity
with the rail industry's employees' jobs and functions makes it
arguably the foremost expert in determinations concerning the
detrimental effects of the identified drugs and alcohol on the
performance of the donor employees. The demonstrated uniqueness of the
incumbent contractor with respect to the highly specialized nature of
the services to be acquired, support the agency's conclusion and
determination that only one responsible source and no other supplies or
services will satisfy the agency's requirements, and to contract on a
sole source basis. The applicable authority for this announced
intention is that under 41 U.S.C. 253 (c)(1) as implemented by FAR
6.302-1, "Only One Responsible Source." Any parties that maintain they
can satisfy the requirements of this acquisition as outlined above,
must indicate their interest in writing and furnish, not later than
4:30 p.m. local time, June 4, 1999, written statements evidencing their
scientific and technical qualifications and capabilities both in
forensic toxicology consultation in the analysis of urine, blood and
tissue, and in drug and alcohol abuse management. Any such response
must include documentation in sufficient detail for evaluation of
qualification and capabilities, without the need for further
discussion; and the competencies asserted must be specific to the
requirements of this proposed contract action and reflective of
knowledge and experience with the Programs under 49 CFR, Parts 219 and
40 (i.e., a resume or curriculum vitae would not in and of itself be
sufficient.) All responsible sources may submit a response which will
be considered by the agency. Qualification/capability statements may be
sent by regular mail to T. Riddle, Federal Railroad Administration,
Office of Acquisition and Grants Services, 1120 Vermont Ave., N.W.,
Mail Stop 50, Washington, DC 20590; or by express delivery to the same
addressee at 1120 Vermont Ave., Room 6138, Washington, DC 20005.
Neither electronic nor facsimile transmitted responses will be
accepted. Responses received after the time specified will not be
considered. This is not a competitive Request for Proposals (RFP) and
a competitive RFP is not available. Only in the event of the
Contracting Officer determining that other sources are capable of
fulfilling the requirements and needs of the agency would issuance of
a competitive solicitation be considered. The determination to contract
on a full and open competitive basis or on other than full and open
competition when justified, based on responses received and information
otherwise available to the Government, is solely within the discretion
of the Government. No other announcement of this proposed contracting
action will be issued. See Note 22. ATTENTION: Minority, Women-Owned
and Disadvantaged Business Enterprises (DBEs)! The DOT, Short-Term
Lending Program (STLP) offers working capital financing in the form of
lines of credit to finance accountsreceivable for transportation
related contracts. Maximum line of credit is $500,000 with interest at
the prime rate. For further information call (800) 532-1169. Internet
address: http://osdbuweb.dot.gov. Posted 05/21/99 (D-SN334492).
(0141) Loren Data Corp. http://www.ld.com (SYN# 0044 19990525\Q-0001.SOL)
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