DL-MV+Contract+Amendment+1.pdf

CONTRACT AMENDMENT

DRIVERS LICENSE AND MOTOR VEHICLE SYSTEM

AMENDMENT NUMBER 1

AMENDMENT 1 to Contract between the State of North Dakota, acting through its North Dakota Department of Transportation, “STATE,” and FAST Enterprises, LLC, “CONTRACTOR.”

The parties agree to the following terms and conditions and expressly agree that if any of the following terms and conditions conflict with any of the terms and conditions of the Contract, then, notwithstanding any term in the Contract, the following terms and conditions govern and control the rights and obligations of the parties.

Scope of Work:

Contract Section 3, Scope of Work is amended to add the FAST Mobile Credential solution to allow third-party providers to request and host mobile IDs (mIDs) generated and managed by FASTDS-VS. FastDS-VS mID uses facial recognition and data comparison to attempt automatic mID proofing.

See Exhibit A for the Detailed Scope of Work and Exhibit B for Facial Recognition Terms and Conditions.

Term of Contract:

Contract Section 6, Term of Contract. The Contract commenced on November 10, 2022, and ends on November 9, 2024 with three (3) renewal options for up to twelve (12) months each, an extension option not to exceed twelve (12) months and a renegotiation option.

The parties have agreed to renew the Contract for an additional twelve (12) months; therefore, the Contract is amended to change the expiration date to November 9, 2025.

The Contract has two (2) renewals remaining, an extension option and a renegotiation option.

All other terms of the Contract remain in effect. This Contract Amendment is not effective until fully executed by all parties.

CONTRACTOR NAME - FAST Enterprises, LLC

SIGNATURE

PRINTED NAME / TITLE

DATE

STATE OF NORTH DAKOTA – North Dakota Department of Transportation

STATE OF NORTH DAKOTA – Information Technology Department

James G. Harrison, Authorized Signatory/Member

6/13/2024

Greg Hoffman

06/20/2024

Deputy CIO

Robin Rehborg (Jun 20, 2024 09:42 CDT)

Robin Rehborg

06/20/2024

Deputy Director for Driver Safety https://na2.documents.adobe.com/verifier?tx=CBJCHBCAABAAQMdy7gicJL__Twdjqfd1PJhcyKb_earZ https://adobecancelledaccountschannel.na2.documents.adobe.com/verifier?tx=CBJCHBCAABAAQMdy7gicJL__Twdjqfd1PJhcyKb_earZ

Exhibit A – Detailed Scope of Work

CONTRACTOR (FAST Enterprises) will implement a Mobile Identity feature that is currently available in the LEGEND system. STATE anticipates working with the CONTRACTOR to complete the project in as short of a period as is feasible. The work is estimated to be completed by the end of Q4 2024.

CONTRACTOR and STATE agree that CONTRACTOR shall use existing LEGEND production support resources to implement mobile identity as described herein. STATE acknowledges that such resource allocation means a reduction in available resources to otherwise support LEGEND and that it voluntarily accepts this opportunity cost without obligation from CONTRACTOR to backfill support resources. If necessary, and at the STATE’s sole discretion, it may procure additional resources using the established process.

Acceptance Process:

All Deliverables will use the Deliverable Acceptance process as set forth in Section 24, subsection c of the Technology Contract. Each deliverable in this Scope of Work will have its own acceptance criteria section.

STATE and CONTRACTOR will use an Integrated Change Control Process as set forth in Section 24, subsection b of the Technology Contract to align these acceptance criteria to the correct Deliverables when needed. CONTRACTOR Project Management is part of all deliverables and will follow the FAST Implementation Methodology phases. CONTRACTOR Project Management expectations and requirements are outlined in the Contract.

1. DELIVERABLE 1: PROJECT KICKOFF MEETING

a. Description:

CONTRACTOR shall coordinate with STATE to schedule a Kickoff Meeting in Bismarck, ND, with the core project and planning team. CONTRACTOR’s Project Manager shall lead the meeting. The Kickoff Meeting must facilitate the introduction of CONTRACTOR and STATE individuals, and level-set understanding and awareness of project objectives, scope, governance, schedule, and project risks and issues.

b. Expectations of CONTRACTOR:

1) CONTRACTOR shall provide content to STATE for a detailed agenda in advance of the meeting.

2) CONTRACTOR and STATE shall facilitate the meeting, and discuss and further define, at a minimum, the following:

(a) Effective project communication

(b) Project vision, background, purpose, and objectives

(c) Project governance structure, and project roles and responsibilities

(d) Approach to creating the Project Management Plan

(e) Initial risk assessment

c. Expectations of STATE:

1) STATE shall finalize agenda and send agenda to invitees.

2) STATE shall coordinate the logistics and co-facilitate the Kickoff Meeting.

3) STATE’s Project Sponsor and project team members shall participate in the Kickoff

Meeting.

d. Completion Date:

CONTRACTOR shall start work with STATE within five (5) working days after the signing of this Contract to schedule the Kickoff Meeting.

e. Acceptance Criteria:

For the acceptance of this deliverable to occur, the Kickoff Meeting results in:

1) Facilitation of Kickoff Meeting using a clearly defined agenda

2) An introduction of critical CONTRACTOR and STATE resources assigned to the project

3) Review of STATE’s Project Charter to include project governance structure, roles and responsibilities, project purpose, objectives, and scope

4) Discussion of communications approach and structure

5) Discussion of known project risks and issues

2. DELIVERABLE 2: PROJECT MANAGEMENT PLAN

a. Description:

CONTRACTOR shall participate, contribute, and collaborate with STATE, led by STATE’s Project Manager, to develop a baseline plan. The Project Management Plan will include the project schedule.

b. Expectations of CONTRACTOR:

1) CONTRACTOR shall participate, contribute, and collaborate with STATE to provide content that includes, at a minimum, the following:

(a) Management plans to control cost, schedule, scope, and quality

(b) Governance structure for the project

(c) Roles and responsibilities of the project team

(d) Integrated change control process

(e) Communication management plan

(f) Risk management plan

(g) Issue management plan

(h) Human resources management plan

(i) Procurement management plan

2) CONTRACTOR shall provide CONTRACTOR tasks and schedule tracked and derived from CONTRACTOR’S Delivery Workbench project management tool and participate and collaborate with STATE on a detailed project schedule created in Microsoft Project. The Microsoft Project format and settings will be mutually agreed-upon, and the project schedule will follow STATE best practices, including:

(a) Project has appropriate start date

(b) Project has appropriate Work Breakdown Structure

(c) All project tasks have appropriate predecessors and successors, except for summary tasks

(d) All project tasks are auto scheduled using predecessors to drive the task dates (dates are not manually entered)

(e) Minimal use of constraints

(f) Both STATE and CONTRACTOR tasks are included

(g) Project tasks are broken down into timeframes that can be reasonably managed

– STATE encourages a maximum task length of approximately 80 hours/two (2) weeks

(h) Project tasks have appropriate resources assigned with appropriate and reasonable allocation

(i) Schedule has appropriate working times and incorporates STATE and CONTRACTOR holidays and nonworking times

3) CONTRACTOR shall provide written confirmation from an authorized individual confirming contents of the Project Management Plan.

c. Expectations of STATE:

1) STATE shall lead the Project Management Planning effort.

2) STATE’S Project Manager shall be responsible for the Project Management Plan.

3) The Project Management Plan shall follow STATE template.

4) STATE’s Project Manager shall incorporate STATE tasks into the project schedule.

5) STATE shall obtain written confirmation from an authorized individual at

CONTRACTOR for the contents of the Project Management Plan.

d. Completion Date:

CONTRACTOR shall start work with STATE within five (5) working days after the signing of this Contract to create the Project Management Plan.

e. Acceptance Criteria:

1) For the acceptance of this deliverable to occur, CONTRACTOR shall provide content to STATE for the Project Management Plan regarding all services, tasks, and products delivered by CONTRACTOR:

(a) Mutually agreed-upon detailed baseline scope and schedule for the project

(b) Management plans to control scope, schedule, cost, and quality, including the variance

(c) Governance structure for the project

(d) Roles and responsibilities of the project team

(e) Quality assurance and quality control plans

(f) Integrated change control process

(g) Communication management plan

(h) Risk management plan

(i) Issue management plan

(j) Human resources management plan

(k) Procurement management plan

(l) The Project Management Plan shall adhere to the Project Management Body of

Knowledge

2) For the acceptance of this deliverable to occur, approval must be obtained from STATE’s Executive Steering Committee (ESC).

3. DELIVERABLE 3: BUSINESS AND SYSTEM REQUIREMENTS

a. Description:

CONTRACTOR to review, analyze, and confirm understanding of system functionality, business practices, reporting, security, and configurations.

b. Expectations of CONTRACTOR:

1) CONTRACTOR shall lead the analysis effort.

2) CONTRACTOR shall provide an overview to STATE to educate about how the

Mobile Identity solution works and what decisions STATE will need to make to support Mobile Identity in agency workflow.

3) CONTRACTOR shall begin communications with technical personnel supporting the system to prepare them for required configurations.

4) CONTRACTOR shall identify any gaps that require system configuration or customization changes.

5) CONTRACTOR shall collaborate with STATE to document agreed-upon changes to the system that may be needed as a result of the review and confirmed understanding.

c. Expectations of STATE:

1) STATE staff shall actively participate in work and analysis sessions.

2) STATE staff shall provide business decisions to support the installation of the Mobile

Identity solution.

3) STATE staff shall procure additional hardware including, as needed:

(a) Storage space

(b) Additional application servers with GPUs included

(c) Preparing Disaster Recovery considerations

4) STATE staff shall respond to Mobile Identity Providers with agency technical information.

5) STATE shall collaborate with CONTRACTOR to confirm requirements and gap analysis.

d. Acceptance Criteria:

For the acceptance of this deliverable to occur, the following criteria must be met:

1) Business and system requirements document lists requirements and identifies which requirements can be met out-of-the-box, which need configuration, and which need customizations in accordance with CONTRACTOR’s Request for Information response.

2) Business and system requirements includes a descriptive statement on how CONTRACTOR will meet each requirement.

3) Business and system requirements identify which requirements that, through understanding and analysis, cannot be accomplished without additional efforts, including a recommended approach to resolve the gap and CONTRACTOR’s level of effort.

4. DELIVERABLE 4: TECHNICAL DESIGN

a. Description:

CONTRACTOR to install and implement core functionality related to Mobile Identity.

b. Expectations of CONTRACTOR:

1) CONTRACTOR shall enable Mobile Identity solution within the system to enroll, author, and sign Mobile Identity data following the most recently published ISO/ISEC CD 18013-5 standard.

2) CONTRACTOR shall provide interface documentation, including layouts, communication methodology, and expectations.

3) CONTRACTOR shall support the ability to provision and issue Mobile Identity using the system.

4) CONTRACTOR shall support customer enrollment and identify verification using the core system capabilities.

5) CONTRACTOR shall support lifecycle management functions for Mobile Identity, such as pausing, resuming, or canceling a license.

6) CONTRACTOR shall configure 1:1 facial matching solution to verify Mobile Identity enrollments between the selfie submitted by the customer and the photo contained in the system.

7) CONTRACTOR shall apply validations to data and image(s) provided by Mobile Identity interface(s) as supported by the system and use rules defined by the agency to determine enrollment eligibility.

8) CONTRACTOR shall provide a mechanism to evaluate confidence in the enrollment using additional incoming information as part of the enrollment process.

9) CONTRACTOR shall provide workflow for enrollments requiring further review of agency staff.

10) CONTRACTOR shall support Mobile Identity refresh on new, replacement, or cancellation issuance transactions, including demographic changes such as name and address.

11) CONTRACTOR shall support refreshing of Mobile Identity data in the following scenarios:

(a) Validity period defined by STATE

(b) Appropriate milestone dates, such as birthdates or license expiration

(c) Material change of driving records, such as updated demographics, PII, driving status, or credential status

12) CONTRACTOR shall provide general implementation management services required to ensure delivery in-scope in a successful and timely manner.

c. Expectations of STATE:

1) STATE shall work with CONTRACTOR to finalize development tasks and definition items required for the implementation.

2) STATE shall review definitions from analysis (above) and provide input to implementation decisions.

3) STATE shall provide subject matter experts to make timely statutory, policy and rule decisions for Mobile Identity implementation.

4) STATE shall use existing escalation processes for decisions or issues that require executive input.

d. Acceptance Criteria:

1) Installed and implemented Mobile Identity solution is moved to testing environments for interfacing with Mobile Identity Providers.

5. DELIVERABLE 5: TRAINING DOCUMENTATION

a. Description:

CONTRACTOR to produce a written document outlining major pieces of new functionality implemented for the mobile identity solution. Train-the-trainer will not be provided.

b. Expectations of CONTRACTOR:

1) CONTRACTOR shall provide an up-to-date and accurate document and, where applicable, other training materials that STATE trainers can give to training participants and future STATE staff.

c. Expectations of STATE:

1) STATE shall review and provide feedback

d. Acceptance Criteria:

For the acceptance of this deliverable to occur, the following criteria must be met:

1) Delivery of the training document incorporating up to two rounds of feedback from the STATE.

6. DELIVERABLE 6: TESTING PREPARATION COMPLETE

a. Description:

The CONTRACTOR shall prepare the system for testing which will allow STATE to ensure that the production system will meet business needs in a robust and stable manner.

b. Expectation of CONTRACTOR:

CONTRACTOR shall complete configuration and development sufficient to begin testing in mutual agreement with STATE.

CONTRACTOR shall contribute to the test plan CONTRACTOR shall facilitate management of test scenario development with

STATE using CONTRACTOR Delivery Workbench tool CONTRACTOR shall work with STATE to identify and train testers CONTRACTOR shall continue to complete development of the remaining outstanding functionality while testing begins.

STATE shall provide testing facilities as needed for execution of testing STATE shall work with CONTRACTOR in test scenario preparation STATE shall participate in tester identification and training conducted by the

CONTRACTOR

STATE shall provide business analysts and subject matter experts to write test scenarios STATE shall provide business analysts and subject matter experts to execute test scenarios STATE shall work with CONTRACTOR to meet technical needs

d. Acceptance Criteria:

CONTRACTOR migration of sufficient system configuration to begin testing.

CONTRACTOR submittal of Test Plans in a format (i.e., .pdf, .xls. xlsx, .vsd, .vsdx, docx, doc, etc.) accessible by the STATE.

CONTRACTOR submittal of Test Scenarios exported from CONTRACTOR Delivery

Workbench in a format (i.e., .pdf, .xls. xlsx, .vsd, .vsdx, docx, doc, etc.) accessible by the STATE

7. DELIVERABLE 7: USER ACCEPTANCE TESTING

a. Description:

CONTRACTOR shall support STATE testing efforts, make fixes, and remediate testing issues during STATE’s user acceptance testing and performance testing efforts.

b. Expectations of CONTRACTOR:

1) CONTRACTOR shall test code against product specifications and agreed-upon requirements. CONTRACTOR shall demonstrate system functionality prior to commencement of acceptance testing by STATE.

2) CONTRACTOR shall review and consult on STATE’s test scripts to ensure scripts are accurate and thorough.

3) CONTRACTOR shall provide template to document testing results in CONTRACTOR’s Delivery Workbench tool.

4) CONTRACTOR shall provide testing support to identify, troubleshoot, and resolve issues.

5) CONTRACTOR shall provide technical assistance with testing, verification, and classification of issues.

6) CONTRACTOR shall correct validated issues based on existing priorities and severities defined by STATE for production support.

7) CONTRACTOR shall work with STATE to ensure the development environment is correctly copied into the testing environment and the defined users have appropriate access.

1) STATE shall lead the testing effort and issue resolution process.

2) STATE shall ensure STATE testing occurs according to the project schedule, and test results and resolutions are documented.

3) STATE shall create test scripts according to STATE-defined workflows and processes.

4) STATE shall provide adequate and knowledgeable system users to participate in testing.

5) STATE shall perform user acceptance testing.

6) STATE shall perform application performance testing.

7) STATE shall document any identified issues, assign priority and severity, and provide results to CONTRACTOR for troubleshooting.

d. Acceptance Criteria:

For the acceptance of this deliverable to occur, the following criteria must be met:

1) Completion of system testing and system functionality demonstration by

CONTRACTOR

2) Completion of user acceptance testing and performance testing support by

CONTRACTOR

3) Showstopper testing issues are resolved

4) Testing approach and execution is in alignment with the Testing Management Plan

8. DELIVERABLE 8: IMPLEMENTATION PLAN

a. Description:

CONTRACTOR shall collaborate with STATE to create an Implementation Plan to manage mobile identity implementation into the LEGEND production environment.

Expectations of CONTRACTOR:

1) CONTRACTOR shall lead the planning effort.

2) CONTRACTOR shall create an Implementation plan with STATE support

3) CONTRACTOR shall conduct working session(s) with STATE to review and finalize the Implementation Plan prior to any implementation or transition work.

b. Expectations of STATE:

1) STATE shall actively participate in planning sessions.

2) STATE shall provide support and make any necessary decisions.

3) STATE shall review and provide feedback to CONTRACTOR.

c. Acceptance Criteria:

For acceptance of this deliverable to occur, the Implementation Plan must include:

1) Implementation strategy

2) Implementation resources and tasks

3) Implementation entry and exit criteria, and go/no go decision requirements

4) Implementation contingency plan

5) Business migration strategy

6) Executive summary

9. DELIVERABLE 9: IMPLEMENTATION

a. Description:

CONTRACTOR shall support implementation of mobile identity into the existing

LEGEND production environment and integration of wallet vendors.

b. Expectations of CONTRACTOR:

1) CONTRACTOR shall participate, contribute, and collaborate with STATE for implementation preparations.

2) CONTRACTOR shall make any fixes required in a timely manner to implement mobile identity as approved in the Acceptance Testing deliverable.

3) CONTRACTOR shall provide technical support to STATE as needed for implementation efforts.

4) CONTRACTOR shall comply with each wallet vendors’ enforceable Agreement, and where applicable, the Proofing Data terms as directed by the STATE.

c. Expectations of STATE:

STATE shall participate, contribute, and collaborate with CONTRACTOR for implementation preparations.

STATE shall monitor the implementation and notify CONTRACTOR of any issues.

STATE shall comply and shall ensure that the CONTRACTOR complies with each wallet vendor’s enforceable terms of Agreement and, where applicable, the Proofing Data terms.

STATE shall provide reasonable technical support to CONTRACTOR and wallet vendors to address any technical issues.

d. Acceptance Criteria:

For the acceptance of this deliverable to occur, the following criteria must be met:

1) CONTRACTOR support during implementation

2) CONTRACTOR compliance with wallet vendors’ enforceable terms of Agreement, and where applicable, Proofing Data terms.

3) Wallet vendors’ integration complete.

4) System goes live and the existing production process begins.

10. DELIVERABLE 10: POST-IMPLEMENTATION REPORT

a. Description:

CONTRACTOR shall participate, contribute, and collaborate with STATE, led by STATE’s Project Manager, to provide content for the Post-Implementation Report.

b. Expectations of CONTRACTOR:

1) CONTRACTOR shall have project team members participate in the Post-

Implementation Survey.

2) CONTRACTOR shall participate, contribute, and collaborate with STATE, led by

STATE’s Project Manager, to develop a Post-Implementation Report that provides, at a minimum, the following:

(a) Key project metrics related to schedule, cost, scope, and quality

(b) Business metrics related to project objectives and measurements as defined in the Project Charter

(c) Comprehensive lessons learned valuable to future projects

(d) Success stories from the project

(e) Results of the Post-Implementation Survey

c. Expectations of STATE:

1) STATE’s Project Manager shall be responsible for the final product.

2) STATE’s Project Manager shall design and conduct the Post-Implementation Survey.

3) The Post-Implementation Report shall follow STATE template.

d. Acceptance Criteria:

1) For the acceptance of this deliverable to occur, CONTRACTOR shall participate in the Post-Implementation Survey and provide input to STATE for the Post- Implementation Report regarding all services, tasks, and products delivered by

CONTRACTOR:

(a) Key project metrics related to schedule, cost, scope, and quality

(b) Business metrics related to project objectives and measurements as defined in the Project Charter

(c) Lessons learned from the project

(d) Success stories from the project

2) For the acceptance of this deliverable to occur, approval must be obtained from STATE’s Executive Steering Committee (ESC). Deliverable 12: Project Closeout Meeting

11. DELIVERABLE 11: CLOSEOUT MEETING

a. Description:

CONTRACTOR shall coordinate with STATE to schedule a Closeout Meeting in Bismarck, ND with the core project team and interested stakeholders. STATE’s Project Manager shall lead the meeting, though CONTRACTOR may be asked to present on certain agenda items. The Closeout Meeting must present a completed Post- Implementation Report and facilitate discussion of the project closeout.

b. Expectations of CONTRACTOR:

1) CONTRACTOR shall provide content to STATE for detailed agenda in advance of the meeting.

2) CONTRACTOR shall provide STATE mobile identity implementation information for

STATE’s Project Manager to present the Post-Implementation Report.

3) CONTRACTOR shall expand upon the success stories and lessons learned captured from the Post-Implementation Survey, and discuss details related to the lessons learned to provide comprehensive information to future projects.

c. Expectations of STATE:

1) STATE shall finalize and send agenda to invitees.

2) STATE shall coordinate logistics and facilitate the Closeout Meeting.

3) STATE shall expand upon the success stories and lessons learned captured from the Post-Implementation Survey and discuss and further document details related to the lessons learned to provide comprehensive information to future projects.

d. Acceptance Criteria:

For the acceptance of this deliverable to occur, the Closeout Meeting results in:

1) Completion and confirmation of the Post-Implementation Report deliverable

2) Comprehensive lessons learned and success stories valuable to future projects

12. DELIVERABLE 12: FINAL ACCEPTANCE

a. Description:

Upon completion of all deliverables, and upon mutual agreement of STATE and CONTRACTOR, the project work will be considered complete.

b. Expectations of CONTRACTOR:

1) CONTRACTOR shall address any outstanding issues or completion of deliverables.

c. Expectations of STATE:

1) STATE shall alert CONTRACTOR to any outstanding issues.

d. Acceptance Criteria:

For the acceptance of this deliverable to occur, the following criteria must be met:

1) No outstanding or unfinished deliverables

2) No outstanding project or system issues

Exhibit B – Facial Recognition Terms and Conditions

WHAT IS FACIAL RECOGNITION?

FastDS-VS uses Facial Recognition software and machine learning to determine if two photos are of the same person.

DEFINITIONS

Customer – End user who is the owner of a driver license that is provisioned to a mobile device.

Facial Recognition – A software solution, provided by CONTRACTOR, used to compare two photos and determine within certain parameters that the two photos are likely of the same individual.

Facial Recognition Model – A machine learning model trained to recognize defined patterns.

CONTRACTOR will provide use of CONTRACTOR-trained Facial Recognition models to detect similarity between faces and gain a confidence level that the photos are of the same individual.

Facial Recognition Confidence Score – A score related to the accuracy of the Facial Recognition Model's comparison of two photos. This score relates to false acceptance rates and false rejection rates. The STATE may consider the score when analyzing the risk level versus work level.

Facial Recognition Service – The combination of the Facial Recognition software and Facial Recognition Models.

TERMS OF SERVICE

1. CONTRACTOR provides its Facial Recognition Service in conjunction with third-party software libraries that have been licensed to CONTRACTOR. CONTRACTOR's proprietary software uses the third-party libraries in conjunction with STATE defined business rules to compare photos via Facial Recognition and perform other functions. The STATE must coordinate with CONTRACTOR to deploy the Facial Recognition Service and establish appropriate configurations.

2. CONTRACTOR hereby grants the STATE a limited non-exclusive license to access and utilize the Facial Recognition Service during the Term of Contract.

3. CONTRACTOR may modify the Facial Recognition Service as necessary to support the business functions and technical solutions required. Changes will be distributed to STATE through standard CONTRACTOR software distribution methods, including notification and testing.

4. The Facial Recognition Service has been designed and is intended for use in accordance with the Acceptable Use standards below. In the event the STATE wishes to utilize any part of the Facial Recognition Solution for another purpose, the STATE must request permission from CONTRACTOR. If permission is granted, the Parties will mutually agree upon any additional terms and conditions that may be applicable.

ACCEPTABLE USE

The STATE agrees to use the Facial Recognition Service for the sole purpose of administering government identification programs as defined below:

• The Facial Recognition Service provided may be used for the sole and express purpose of determining if two photos are of the same Customer.

• The STATE may utilize Facial Recognition results to aid in investigations resulting from the issuance process within FastDS-VS.

• The STATE may create and use processes for the purpose of benchmarking Facial Recognition results and performance evaluation of the Facial Recognition software and supporting infrastructure.

CONTRACTOR may temporarily suspend service and provide notice to the STATE if CONTRACTOR has determined or reasonably suspects the STATE is engaging in a non-acceptable use. CONTRACTOR will restore service to the STATE when the STATE takes satisfactory remedial steps. CONTRACTOR and its third-party software providers are not responsible for non-acceptable use by our clients, their affiliates, sub-contractors, or customers.

REPRESENTATIONS

The Facial Recognition Service will not be error-free. The Parties recognize that using the Facial Recognition Service carries certain risks, including but not limited to:

• Inaccurate Facial Recognition results. Facial Recognition is not error free. The system may return false positives and false negatives based on the STATE-defined confidence score thresholds.

• Incorrect Facial Recognition results based on bias inherent in machine learning algorithms.

• The Facial Recognition Service cannot ascertain if the photo being compared was taken from a live individual at the time of enrollment as opposed to a fraudulent submission, for example a photo of a photo.

The Parties will work together to reduce risks and incorrect results from Facial Recognition and the STATE will have the ability to review metrics, including the system's confidence assessment, number of review items versus the total number of comparisons performed using Facial Recognition. The STATE may, at its discretion, run benchmarking on STATE data using the Facial Recognition software to validate the results and combine those results with demographic information in possession of the STATE, including but not limited to, age and gender. In addition, the STATE may, at its discretion and sole expense, validate the security and Facial Recognition results using a third-party.

The STATE is responsible for any determination it makes with respect to configuring the Facial Recognition Service for its use. This includes all determinations made by the Facial Recognition Service with respect to false positives and negatives.

DOT - FAST mID Amendment Final Audit Report 2024-06-20

Created: 2024-06-18

By: Tricia Opp (topp@nd.gov)

Status: Signed

Transaction ID: CBJCHBCAABAAQMdy7gicJL__Twdjqfd1PJhcyKb_earZ

"DOT - FAST mID Amendment" History Document created by Tricia Opp (topp@nd.gov) 2024-06-18 - 12:36:34 PM GMT- IP address: 165.234.252.245

Document emailed to Greg Hoffman (gahoffman@nd.gov) for signature

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Document e-signed by Greg Hoffman (gahoffman@nd.gov) Signature Date: 2024-06-20 - 1:25:00 PM GMT - Time Source: server- IP address: 165.234.248.3

Document emailed to Robin Rehborg (rrehborg@nd.gov) for signature

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Agreement completed.

2024-06-20 - 2:42:50 PM GMT

d. Acceptance Criteria:

d. Acceptance Criteria: