Toxicology Expert - urinalysis

An advanced contract award notice (ACAN) is a public notice indicating to the supplier community that a department or agency intends to award a contract for goods, services or construction to a pre-identified supplier, thereby allowing other suppliers to signal their interest in bidding, by submitting a statement of capabilities. If no supplier submits a statement of capabilities that meets the requirements set out in the ACAN, on or before the closing date and time stated in the ACAN, the contracting officer may then proceed with the award to the pre-identified supplier.

1. Definition of the requirement:

The Correctional Service Canada requires expertise in the area of toxicology as it relates to drug testing in human urine. The work will involve the following:

1.1 Objectives:

To provide expertise in the area of drug testing urinalysis.

1.2 Tasks:

1. Review and revise the requirements included in the Request for Proposal document required for the bidding process to award a contract to a laboratory specialized in urinalysis testing;
2. Assess laboratory proposals received, inspect the laboratories, and participate in the debriefing process for unsuccessful bidders, and any other issues that arise post contract award;
3. Inspect the laboratories that provide urinalysis testing for CSC according to Research Triangle Institute, Substance Abuse and Mental Health Services Administration (SAMHSA) standards, twice a year and at any other time the Project Authority requests;
4. Provide expert opinions and testimony (including but not limited to, for court purposes, disciplinary hearings) on all subject matters relating to urinalysis and intoxicants. The classes of intoxicants that are tested for by urinalysis are listed in the Correctional Service of Canada’s Commissioner’s Directive 566-10 – Urinalysis Testing;
5. Review results from the laboratories and assess their quality assurance and control procedures; and
6. Provide independent expert advice on urinalysis testing, interpretation of results, and any other issue related to substance abuse to the CSC National and Regional Urinalysis Coordinators.

1.3 Expected results:

On an as and when requested basis, the Contractor must provide expert advice in Forensic Toxicology to ensure CSC’s action in term of Urinalysis Detection is consistent with the latest developments in analytical and forensic toxicology.

1.4 Performance standards:

The Contractor must be available during CSC’s regular working hours (8:00 EST/EDT to 20:00 EST/EDT, Monday to Friday) to respond to calls and emails from Urinalysis Program Coordinators. Non-urgent inquiries will be actioned within two (2) business days. Urgent* inquiries will be actioned within the same business day where possible.

*The Urinalysis Program Coordinators will clearly identify in their request for consultation if the inquiry is deemed urgent.

1.5 Deliverables:

1.5.1 The Contractor must submit semi-annual reports based on findings following the inspections of the laboratories’ facilities. The inspections must assess the technical abilities and security procedures of the contracted drug testing laboratory and verify that the laboratory is adequately performing all of the work required under their contract, in particular testing that falls outside the scope of the laboratories’ SAMHSA certified activities but are a requirement of CSC. The Contractor must assess the laboratories based on interviews with laboratory staff members, review of standard operating procedures and policy documents, human resources files, training files and analytical documents resulting from testing CSC specimens.

1.5.2 Paper consumption:

a. Should printed material be required, double sided printing in black and white format is the default unless otherwise specified by the Project Authority.

b. The Contractor must ensure printed material is on paper with a minimum recycled content of 30% and/or certified as originating from a sustainably managed forest.

c. The Contractor must recycle unneeded printed documents (in accordance with Security Requirements).

1.6 Constraints:

1.6.1 Location of work:

a. The Contractor must perform at their place of business. The Contractor will not require access to CSC facilities.

b. Travel

Travel will be required for performance of the work related to the inspection of laboratories performing urinalysis for CSC or any other location requested by the CSC Project Authority.

1.6.2 Language of Work:

The contractor must perform all work in either English or French.

1.6.3 Security Requirements:

This contract includes the following security requirements:

1. The contractor/offeror must, at all times during the performance of the contract/standing offer, hold a valid designated organization screening (DOS), issued by the Contract Security Program (CSP), Public Works and Government Services Canada (PWGSC)
2. The contractor/offeror personnel requiring access to protected information, assets or sensitive work site(s) must each hold a valid reliability status, granted or approved by the CSP, PWGSC
3. The contractor/offeror must not remove any protected information or assets from the identified work site(s), and the contractor/offeror must ensure that its personnel are made aware of and comply with this restriction
4. Subcontracts which contain security requirements are not to be awarded without the prior written permission of the CSP, PWGSC
5. The contractor/offeror must comply with the provisions of the:
   1. Security Requirements Check List and security guide
   2. Contract Security Manual (latest edition)

2. Criteria for assessment of the statement of capabilities (minimum essential requirements):

Any interested supplier must demonstrate by way of a statement of capabilities that it meets the following requirements:

1. Must have a minimum three (3) years experience (obtained during the last five (5) years prior to the ACAN closing date) providing expert advice, according to the Substance Abuse and Mental Health Services Administration (SAMHSA) guidelines, including review of Requests for Proposals for Standing Offers, onsite inspections of bidders’ laboratories, and of those laboratories awarded Standing Offers with CSC.
2. Must have five (5) years experience (obtained during the last seven (7) years prior to the ACAN closing date) in forensic toxicology.
3. Must have five (5) years experience (obtained during the last 10 years prior to the ACAN closing date) in providing professional opinions, testimony, and advice in all areas of human urinalysis testing and quality control.
4. Must have at minimum two (2) years of experience (obtained during the last five (5) years prior to the ACAN closing date) in the analytical methodology and interpretation of urine drug testing results.
5. Must have at a minimum two (2) years of experience (obtained during the last five (5) years prior to the ACAN closing date) in applying SAMHSA guidelines in various contexts.
6. Must be independent (personally and professionally) of any SAMHSA accredited laboratory that is currently on contract with CSC for drug testing of human urine samples or has the potential to be on contract with CSC for drug testing of human urine.

Academic qualifications:

The supplier must have training as a laboratory inspector. Training should be provided by SAMHSA, the America Board of Forensic Toxicology (ABFT), National Accreditation Board (ANAB) or equivalent (supplier to demonstrate how their training meets equivalency).

The supplier must have a PhD in organic chemistry, biochemistry, or toxicology

obtained from a recognized Canadian university or the equivalent as established by a recognized Canadian academic credentials assessment service, if obtained outside Canada.

The list of recognized organizations can be found under the Canadian Information Centre for International Credentials web site.

Professional designation, accreditation and/or certification:

Must possess a valid forensic toxicology certification from the American Board of Forensic Toxicology.

3. Applicability of the trade agreement(s) to the procurement

This procurement is subject to the following trade agreement(s):

Canada Chile Free Trade Agreement (CCFTA);

Canadian Free Trade Agreement (CFTA);

World Trade Organisation-Agreement on Government Procurement (WTO-AGP);

Canada – European Union Comprehensive Economic and Trade Agreement (CETA).

4. Set-aside under the Procurement Strategy for Indigenous Business

This procurement is not subject to any set-asides for Indigenous Suppliers.

5. Comprehensive Land Claims Agreement(s)

This procurement is not subject to a Comprehensive Land Claims Agreement.

6. Justification for the Pre-Identified Supplier

The pre-identified supplier is an independent professional in forensic toxicology and expert in urine drug testing. This supplier is the only known provider that can complete the scope of work, given their training, experience, and familiarity with the work required to complete the tasks identified in the scope of work.

The pre-identified supplier meets all of the minimum essential requirements described in this ACAN.

7. Government Contracts Regulations Exception(s)

The following exception to the Government Contracts Regulations is invoked for this procurement under subsection :

(d) only one person is capable of performing the contract.

8. Exclusions and/or Limited Tendering Reasons

The following exclusion(s) and/or limited tendering reasons are invoked under the section of the trade agreement(s) specified:

Canada Chile Free Trade Agreement (CCFTA) Article Kbis-09:

b. where, for works of art, or for reasons connected with the protection of patents, copyrights or other exclusive rights, or proprietary information or where there is an absence of competition for technical reasons, the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute exists.

Canadian Free Trade Agreement (CFTA), Article 513

(b) if the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute goods or services exist for any of the following reasons:

(iii) due to an absence of competition for technical reasons;

World Trade Organisation-Agreement on Government Procurement (WTO-AGP) - ArticleXIII

b. where the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute goods or services exist for any of the following reasons:

iii. due to an absence of competition for technical reasons;

Canada – European Union Comprehensive Economic and Trade Agreement, Article 19.12

b. if the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute goods or services exist for any of the following reasons:

iii. due to an absence of competition for technical reasons;

9. Ownership of Intellectual Property

There are no intellectual property terms in the contract.

10. Period of the proposed contract or delivery date

The proposed contract is for a period of one (1) year, from April 1^st, 2022 to March 31^st, 2023 with an option to extend the contract for three (3) additional one-year periods.

11. Cost estimate of the proposed contract

The estimated value of the contract, including option(s), is $369,000.00 (GST/HST extra).

12. Name and address of the pre-identified supplier

Name: Dr. Curtis Oleschuk

Address: 27 Old Oak Road

Kingston, ON K7M 7C3

13. Suppliers' right to submit a statement of capabilities

Suppliers who consider themselves fully qualified and available to provide the goods, services or construction services described in the ACAN, may submit a statement of capabilities in writing to the contact person identified in this notice on or before the closing date and time of this notice. The statement of capabilities must clearly demonstrate how the supplier meets the advertised requirements.

14. Closing date and time for a submission of a statement of capabilities

The closing date and time for accepting statements of capabilities is March 11^th, 2022 at 2:00pm EST.

15. Inquiries and submission of statements of capabilities

Inquiries and statement of capabilities are to be directed to:

Danielle Blanchet, Senior Procurement Officer

340 Laurier Avenue West

Ottawa ON K1A 0P9

Telephone: 506-377-9624

E-mail: Danielle.blanchet@csc-scc.gc.ca