2. Statement of Work final.doc.pdf

STATEMENT OF WORK

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STATEMENT OF WORK (SOW)

PURSUANT TO CONTRACT NUMBER

505CAP-M25-AD241024-01: Background Checks

This Statement of Work (SOW) is between the State of Wisconsin, Department of Administration (hereinafter referred to as the "Authorized User") and TRUVIEW BSI, LLC (hereinafter referred to as “Contractor”).

The purpose of this SOW is to express the terms and requirements for the performance of work by the Contractor and, where applicable, the Authorized User (collectively referred to as the “Parties”) to achieve the objectives of the Background Checks project. Specifically, the Contractor is required to provide the Authorized User with Background Checks as prescribed herein, subject to Acceptance.

1. SCOPE

The scope of this SOW includes Services. In no instance can the scope of this SOW exceed the scope, cost, and term of the bid.

1.1 DESCRIPTION OF PROJECT

Conduct out-of-state or out of country (international) background checks on potential state employees as requested. This Contract will establish minimum standards and procedures for background check services. The Contractor shall provide a wide range of background check services such as (but not limited to) Social Security Number Traces, Sex Offender Registry Checks, Global Watchlist Records Checks, National Criminal Records Checks, Unlimited County Criminal Checks, Education Verification Checks, and Professional Licensure Checks.

1.2 ORDER OF PRECEDENCE

1.2.1 DOA Contract

1.2.2 Statement of Work

1.2.3 DOA 3054 Standard Terms and Conditions

1.2.4 DOA 3681 Supplemental Standard Terms and Conditions

1.2.5 State of Wisconsin Security Rider

1.2.6 Standard Software License Terms and Conditions

1.2.7 TruView Client Certification

2. ASSUMPTIONS, OPERATIONS AND BACKGROUND

Background checks are conducted on many positions in State service. Some are mandated by State law (e.g. s.

230.17(3), s. 110.09(1)(a), s. 50.065(2)(am)1., Wis. Stats.) while others are federal law (see PREA law). Under the State’s current operations and the operations of the desired contract, if a candidate for a State position, or “Person of Interest” (POI) indicates they have lived in another state or country in the past seven (7) years, an out-of-state background check is initiated:

1. DPM’s Human Resources (HR) enters the POI’s email address into the vendor’s background check screening system. Various tailored background check packages are available depending on the specific background check services that are required for the POI’s position.

2. The background check screening system notifies the POI via a customizable template email when a background check has been initiated on their behalf. The POI is then required to provide authorization and necessary Personably Identifiable Information (PII).

3. The vendor notifies HR when the POI has complied, or if the POI fails to comply within the expected timeframe.

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4. The vendor proceeds with a Social Security Number (SSN) trace on the POI.

5. The vendor notifies HR after the SSN trace has been completed and provides a list of the services required to complete the background check for the POI with an estimate of the itemized costs.

6. HR is given the option to decline to proceed with the background check for the POI, based on the background check services required and their itemized costs.

7. The vendor notifies HR via email of any expected or unexpected delays as soon as they are known.

8. The vendor notifies HR via email once the background check is completed.

9. HR logs into the vendor’s background check screening system to retrieve results. Results are provided as a single, printable report (.pdf) including the authorization forms.

10. Results of each background check are archived in the background check screening system in accordance with vendor’s retention policy requirements.

11. The Current statuses of all incomplete and/or completed background checks are viewable in the background check screening system by HR.

3. DEFINITIONS

“Change Order” or “Change Request” means a request for authorization to make a change in the Services or Deliverables under this Contract.

4. TERM

The work performed under this SOW will commence on the effective date of signature, or later pursuant to an executed Purchase Order (PO) or if mutually agreed between the Parties in writing, and will conclude as prescribed in this SOW. The contract will be effective for 3 years with 2 optional one-year renewals.

5. FURNISHED MATERIALS, EQUIPMENT, ACCESS, AND PROPERTY

The Contractor will be responsible for all other materials, equipment, access, and property required for it to perform work under this SOW, unless specifically identified below successfully.

The Authorized User will provide the following to the Contractor in its performance of work under this SOW:

Name, current address, and social security number of the applicant requiring a background check.

7. STAFFING AND PERSONNEL

The project will be delivered through joint execution from both Contractor and Authorized User resources. While the Contractor will take the lead on most tasks and activities, it will be dependent on the Authorized User completing the work assigned to Authorized User resources for the project to be successful. This approach will maximize knowledge transfer and minimize costs.

The Parties agree that the following resources will be engaged on this project. Any change in Contractor personnel is subject to written notification to the Authorized User. The Contractor must provide at least 14 calendar days’ advance written notification of a change to the point of contact.

The Authorized User shall have the absolute right to approve or disapprove a proposed change of the Key or Contracted Personnel. The Contractor shall provide to the Authorized User, in each instance, a resume of the proposed substitute and an opportunity to interview that person prior to giving its approval or disapproval. The proposed substitute resource shall have equivalent expertise and experience, or better. The Authorized User shall not unreasonably withhold this approval following review of the proposed substitute.

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7.1 Point of Contact

Name Title/Role

James Feldhausen Point of Contact

Donna Bente Deputy Division Administrator, Division of Personnel Management

7.2 Contractor Resources

Name Title/Role

Tara Krumholz Contractor Project Manager and Lead Point of Contact

Nicholas M. Auletta President, Contract Signatory

Beatriz Hernandez Lead – Contract Client Support, Education, & Training

8. DELIVERABLES MANAGEMENT

Prior to conducting the background check on each Person of Interest (POI), the Contractor shall send Users an itemized bill for the estimated cost of the prospective background check, with the option to decline conducting the background check.

The following deliverables will be completed during the term of this SOW:

Major Task/Phase

Deliverables Due Dates (target) Party

Responsible

Training Instructor led courses.

Provide User Guides

Within 30 calendar days of contract start date

Contractor

Background Check Social Security Number Trace

Sex Offender Registry Check

Global Watchlist Records Check

National Criminal Records Check

Unlimited County Criminal Check

Within 3 business days of background check being initiated.

Contractor

9. ACCEPTANCE

Acceptance shall not conflict with the terms already established in the Request for Bid document.

All Contractor deliverables are subject to the Acceptance of the Authorized User. Each deliverable created under this SOW will be provided to the Authorized User with a deliverable acceptance receipt. This receipt will describe the deliverable and provide the Authorized User with space to indicate if the deliverable is accepted, rejected, or conditionally accepted. Conditionally accepted deliverables will contain a list of deficiencies that need to be

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10. COSTS

The total fixed price for this project shall not exceed $29.50 USD per background check unless optional items are requested by an Authorized User.

Contractor will charge the Authorized User for the work to be done based on the rates below.

Item Cost per item

Social Security Number Trace $1.50

Sex Offender Registry Check $2.00

Global Watchlist Records Check $3.00

National Criminal Records Check $2.00

Unlimited County Criminal Check $21.00

Optional Items Cost per item

Education Verification Check $16.00

Professional Licensure Check $8.00

Additional Services not listed Percent Discount

5%

10.1 Time and Expense

The Contractor shall not be paid for the following items for Contracted Personnel: (i) travel time between their place of residence and place of work; (ii) parking fees; or (ii) out-of-pocket expenses incurred for travel to the place of work. The Authorized User does not anticipate Contracted Personnel incurring any travel expenses related to the performance of the services required under this SOW.

10.2 Travel

The costs provided herein are all-inclusive. Travel expenses will not be reimbursed by the Authorized User regardless of whether they are incurred by the Contractor in performance of the Services.

10.3 Normal and Routine Tasks

The Contractor is expected to accomplish the Authorized User’s normal and routine tasks not elsewhere described in this Contract but within the capabilities and resources available with existing Contractor employees who are assigned under the SOW. No request for additional chargeable hours, changes or modifications will be approved for tasks that the Authorized User, in its sole and final discretion, deems to be normal and routine.

11. CHANGE MANAGEMENT

All changes to this SOW must comply with the Contract. All changes to this SOW shall be in written form and fully executed between the Authorized User’s and the Contractor’s authorized representatives.

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12. SPECIAL TERMS AND CONDITIONS

Software Terms and Conditions Attached is the State of Wisconsin Security Rider and Standard Software License Terms and Conditions.

Mitigation of Delays The schedule shall not change because of time required by Contractor to correct deficiencies, unless otherwise agreed beforehand in writing by the Authorized User. However, the schedule may, through mutual agreement, be extended on a day-to-day basis to the extent that the Authorized User’s review of a Deliverable and review of corrections of deficiencies in accordance with the Acceptance process is longer than described in the schedule.

Contractor shall continue to perform its obligations that are not affected by the Authorized User review and shall mitigate any impact on Contractor from such delays caused by the Authorized User, e.g., redirecting its staff to perform other tasks, to the extent reasonably possible. To the extent it cannot redirect staff and mitigate such impacts, then an adjustment, if any, to the schedule will be made, if appropriate, based upon the Authorized User Project Director’s reasonable consideration of all relevant circumstances, including but not limited to Contractor’s opportunity and efforts to mitigate the effect of the impact and if the Authorized User’s failure to perform is not due to an event related to master Contract terms of force majeure.

IN WITNESS WHEREOF, each party hereto has caused this SOW to be executed by its duly authorized representative.

ORGANIZATION OF AUTHORIZED USER CONTRACTOR

Signature:

Signature:

Printed Name:

Printed Name:

Title:

Title:

Date:

Date:

Docusign Envelope ID: 711B1F7C-3D13-446A-8539-C599187F5539

President

Nicholas M. Auletta

9/17/2024 | 5:23 PM CDT

Docusign Envelope ID: 4905A05A-6026-473E-A716-E05DC921B94A

Donna Bente

Deputy Division Administrator

9/20/2024 | 4:15 PM CDT