Attachment A - Office of Attorney General's Response to Vendors' Written Questions - RFP 040 2600000321.pdf

Question

RFP Section / Requirement Number

Document Document Page

Number

Vendor Questions Commonwealth Response

1 RFP 040

2600000321

Who is the current contractor providing genetic testing services under this contract?

You may complete an open records request form and send to the open records custodian at KYOAGOR@ky.gov. The form can be found at https://www.ag.ky.gov/Resources/orom/Pages/default.aspx

2 2.00 Scope of Work RFP 040 2600000321

6 The RFP requires that "testing services shall not be sub contracted to another laboratory." Does this restriction apply solely to lab analysis, or does it also prohibit subcontracting of sample collection and logistics?

It refers only to lab analysis. Sample collection and logistics may be subcontracted.

3 2.00 Scope of Work RFP 040 2600000321

2 The scope states the vendor must have completed an average of 500 DNA tests per month during calendar year 2025. Does this threshold apply to total lab capacity, or specifically to IV-D child support testing volume?

Vendors laboratory must have the capacity to test at least 500 IV-D cases per month in an average year.

4 2.00 Scope of Work RFP 040 2600000321

2 The scope requires coverage in all 120 Kentucky counties. Is the expectation that the vendor maintains a dedicated collector in each county, or is a network of collectors who can be dispatched acceptable?

The expectation is that the vendor provides sufficient collectors to handle all 120 counties scheduled collection days. The same collector may cover multiple counties and a network of collectors is acceptable.

5 2.00 Scope of Work RFP 040 2600000321

2 Section 2.00 states collection sites will "primarily" be at local contracting official offices. Is the vendor responsible for providing collection supplies, equipment, and biohazard disposal at those offices, or does the county office provide those resources?

Vendor shall be responsible for providing all equipment, collection supplies, and biohazard disposal at those offices.

6 9.70 Reciprocal Preference for Kentucky Resident Bidders and Preferences for a Qualified Bidder

RFP 040

2600000321

22 Will Kentucky apply the Resident Bidder reciprocal preference (Section 9.70) to out-of-state vendors, and if so, does Michigan's reciprocal preference statute apply?

Pursuant to 200 KAR 5:400 Section 4(4) In awarding a contract, resident bidders shall only receive preference against nonresident bidders residing in a state that gives a preference to bidders from that state.

This preference shall not be applied against nonresident bidders residing in states that do not give preference against Kentucky bidders. Pursuant to 200 KAR 5:400 Section 4(5) If a procurement determination results in a tie between a resident bidder and a nonresident bidder, preference shall be given to the resident bidder.

7 2.00 Scope of Work RFP 040 2600000321

7 What is the anticipated start date for transition planning after contract award? 2.00 Scope of Work -General Requirements; Transition (1), states provide a high-level draft implementation plan within ten (10) calendar days of contract award.

8 3.00 Evaluation Criteria RFP 040 2600000321

14 Can you confirm whether there will be an oral presentation required for this procurement?

Oral presentation(s) will not be required for this procurement.

9 RFP 040

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4 Please clarify whether the use of DCSS or local contracting official staff to perform sample collections is intended to occur only on a limited or backup basis when the vendor’s collector is unavailable, and not as part of routine or regularly scheduled collection operations. This will be important to know the expected volume under this scenario as it greatly affects the cost structure for the vendors.

DCSS intends to only have local contracting official staff to perform sample collections only on a limited or back up basis when the vendor's collector is unavailable.

10 2.30 Pricing and Payment Requirements

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11 Please clarify the Commonwealth’s expectation for pricing. Should vendors submit a single price per sample collection that accounts for limited collections performed by DCSS or local contracting official staff, or does the Commonwealth expect separate pricing; one price for vendor-performed collections and another price when collections are performed by DCSS or local contracting official staff?

DCSS requires the cost for vendor performed collections and also the cost for collections performed by local contracting official staff.

11 2.10 Reporting Requirements

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11 As part of efforts to limit the collection of personally identifiable information to include only what is necessary, would the Commonwealth consider removing this requirement? This information is not required under AABB Relationship Testing Laboratory Standards, and identity verification is already established through government-issued identification, date of birth and photographs. Eliminating the SSN requirement would reduce the collection of sensitive information where it is not operationally necessary.

No. The certified results report must include Sample donor's clearly viewable photograph, thumbprint, and last four digits of his/her SSN. This will aid in indentifying the correct person(s) should a same and birthdate should occur.

12 2.00 Scope of Work -Sample Collection

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7 Additionally, we are not aware of situations where thumbprints have actually been utilized to resolve questions of identity. In the event that participant identity is ever in question, the typical remedy is to arrange for recollection of the specimen under controlled chain-of-custody procedures. Given this, would you consider removing the thumbprint requirement from the Scope of Work?

No. In every instance, a recognizable photograph and thumbprint shall be taken for each sample donor, including the child.

13 RFP 040

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Please provide the current pricing for this existing Contract. You may complete an open records request form and send to the open records custodian at KYOAGOR@ky.gov. The form can be found at https://www.ag.ky.gov/Resources/orom/Pages/default.aspx

14 RFP 040

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Please note AABB, has updated their name to Advancement of Blood and Biotherapies

Noted, since 2021 the name change has been implemented.

ATTACHMENT A - Office of Attorney General's Response to Vendors' Written Questions - RFP 040 2600000321

RFP Section / Requirement Number

Document Document Page

Number

Vendor Questions Commonwealth Response

ATTACHMENT A - Office of Attorney General's Response to Vendors' Written Questions - RFP 040 2600000321

15 2.30 Pricing and Payment Requirements

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11 Please confirm/clarify what “vendor pricing scale” means? Vendor pricing scale should show if there is a difference in pricing between vendor collected and local contracting official collected testing samples.

16 2.30 Pricing and Payment Requirements

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11 Is the State interested in one price where the vendor collects, tests and reports results on a per sample basis and another fee where the agency staff collects the sample and the vendor only provides transport, DNA testing and reports?

Yes.

17 2.30 Pricing and Payment Requirements

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12 Can the vendor bill for specimens that don’t become full within 30 days? The vendor has incurred cost for shipping and collection costs and would like to receive reimbursement for the shipping and collections costs.

DCSS pays invoice which is based upon number of specimens/samples collected and not based upon completed testing.

18 2.00 Scope of Work - Transition

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10, 12 If the vendor cannot bill for partials during the contract and the contract is awarded to the another vendor at the end of the contract. As the current vendor transitioning to a new vendor will the current laboratory be able to bill for partials at that time.

N/A. Vendor is allowed to bill for partial cases.

19 2.00 Scope of Work - Transition

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10 If a new vendor is selected, will the new vendor receive samples or test results from the previous contract to finalize testing on partial cases. Please confirm that the new vendor will be able to bill for receipt/testing of transition specimens.

Yes, the new vendor will receive samples or test results from the previous vendor in order to finalize testing on partial cases. No, invoicing is based upon sample collection and all previously collected samples are to be forwarded to the new vendor. There shall not be any cost associated with this transition.

20 2.00 Scope of Work RFP 040 2600000321

5 This section includes a statement that all 120 counties must provide genetic testing services within all the counties regardless of size and location. Is this a requirement under the current contract? If so can you provide the locations/dates/times and frequencies within each county? The vendor will need to understand the dates/times and frequencies to evaluate specimen collection costs. If the current vendor has this information and the potential vendors do not know this data, it is impossible to determine collection costs, which provides the current vendor with an unfair advantage. In order to provide a fair and competitive bid, we request this information be provided to all bidders.

For questions about the current contract, you may complete an open records request form and send to the open records custodian at KYOAGOR@ky.gov. The form can be found at https://www.ag.ky.gov/Resources/orom/Pages/default.aspx. Unless the local contracting official agrees to a lesser number of days, the vendor shall complete sample collection (1) day per week at each collection site, except for Jefferson County where sample collection may be more frequent.

21 2.00 Scope of Work - Scheduling & Collection Timeframes

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6 This section includes a requirement that the vendor shall complete sample collections (1) day per week at each collection site, except for Jefferson County where samples collection may be needed more than one (1) day a week. Can the State provide the sample collection schedule and location? Please confirm how many days a week will be required for Jefferson County? If the vendor must provide specimen collection one day per week for all 120 counties, this could increase the collection cost significantly, which in turn would increase the cost of the testing services.

No such document exists as all sample collections are established between the vendor and the local contracting official and unless the official agrees to a lesser number of days, the vendor shall complete collection 1 day per week at each site. Jefferson County mayrequire more than 1 collection day per week at their discretion.

22 1.00 Purpose and Background

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5 Please provide the number of specimens and tests that were collected under the previous contact by County.

In the State Fiscal Year (SFY) 2025, Kentucky's genetic testing vendor collected 8,778 individual samples and completed 3,492 genetic tests.

23 2.00 Scope of Work - Scheduling & Collection Timeframes

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6 Will the State consider a reduced number of collection days per month that would align with volume? For example if you compare a county which collects 150 cases per month versus a county which collects 5 cases per month. In this two scenarios, the county with the larger volume would need more specimen collection hours.

Scheduling and Collection Timeframes (1) The vendor shall not impose a minimum number of cases before scheduling a sample collection in any county.

24 2.00 Scope of Work - Scheduling & Collection Timeframes

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6 In our previous experience with prison collections, we have found that a timeframe of returning the specimens within twenty one (21) days allows for the shipment of the kit and time for the specimen collector to arrange the collection with the facilty is more reasonable. Would the agency consider changing fourteen days to twenty-one days?

No. See pg 6. Scheduling and Collection Timeframes (2)… If the individual subject to the collection is in a treatment facility or incarcerated in a correctional facility and the facility is unable to accommodate this timeframe, the vendor must notify the local contracting official within two (2) business days of determining there is an issue.

25 RFP 040

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Please provide the frequency that DCSS has provided collections as a back up collector.

Currently, there are no agency staff collecting samples nor have served as a backup. DCSS is exploring this possibility with at least one local county attorney office. DCSS does not anticipate that many offices will choose to do their own collections.

26 2.00 Scope of Work -DNA Collection Sites

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2600000321

6 If a designated collector is not available and the vendor has company operated locations, can we use the company location as an alternate location? The vendor will always attempt to have a back up collector available, but there may be scenarios where a backup collector can’t be provided. If the vendor doesn’t have a company owned location, can the vendor work with the State to arrange a replacement date?

It is anticipated that the primary collection sites will be at the local contracting official office or another government building, but the final decision is at the discretion of the local contracting official.

RFP Section / Requirement Number

Document Document Page

Number

Vendor Questions Commonwealth Response

ATTACHMENT A - Office of Attorney General's Response to Vendors' Written Questions - RFP 040 2600000321

27 2.00 Scope of Work – Sample Collection

RFP 040

2600000321

7 Sample Collection Can we request removal of the requirement for a thumbprint? No, in every instance, a recognizable photograph and thumbprint shall be taken for each sample donor, including the child.

28 2.00 Scope of Work -Sample Collection

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2600000321

8 Within this section there is a requirement to provide notification of parties who were collected and not collected within 48 hours. The vendor can provide immediate confirmation of collection status for parties collected onsite the Agencies locations. However, for our of state appointments can this be expanded to sending a no‑show notification to allow time for specimens to reach the laboratory and be entered within the system. Is this five‑day notification window an acceptable approach?”

Yes, a five (5) day notification window is acceptable for out of state collections.

29 2.00 Scope of Work -DNA Testing

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8 Will a separate authorization from the State be provided to test case motherless or will the laboratory be expected to process a case after a certain amount of time if the mother’s specimen.

DCSS maintains that authorization for motherless testing should be provided by DCSS or its agent(s) before processing.

30 2.00 Scope of Work - Testimony and Advice

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9 Is video or web-based expert testimony an option? It may be an option but is subject to local court rules and/or the discretion of the local court.

31 2.00 Scope of Work -Secure Website

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6 The vendor can offer real time scheduling for collection locations within the State.

As an example, we can provide collection dates and sites immediately for a County who needs a specimen collection in the neighboring county. In the scenario where the State needs to request an appointment out of State, the vendor will need to confirm the appointment with the collection site and send the collection site the paperwork(chain of custody/client authorization). Based on the need to confirm the appointment and need to send the collection paperwork, we would like to that out of state and inmate requests be excluded from this requirement.

Out of state and inmate request may be excluded from the immediate confirmation requirement, but must be within a reasonable amount of time.

32 2.10 Reporting Requirements

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10 Please confirm turn around time is 14 days from last sample received to perform the test.

Yes, turnaround time is within fourteen (14) days from the date when the last sample is received.

33 2.10 Reporting Requirements

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10 Please confirm what an attestation is and it purpose. Does this refer to the chain of custody/client authorization form that the parties sign at time of collection. If it is not the chain of custody/client authorization form, can you provide an example of attestation. Will the State or the vendor be responsible for the completion of the attestation form.

Attestation is included on a Vendor’s chain of custody/client authorization form as proof of evidence of formally witnessing or certifying that the specimen to be tested is acknowledged and permission is given for the test by parent for the purposes of proving paternity. Vendor is responsible for these forms.

34 2.10 Reporting Requirements

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9 Does the State have a timeline or production period for the vendor to transmit test report data elements directly into the child support system. Can the State provide any specifics around the platform or system that will be used for the transmittal of test results?

No. Currently our system does allow for interface between a Vendor system fo the report of test data.

35 2.20 Subcontractors RFP 040 2600000321

5 Please define qualified collectors. AABB guidance considers a qualified collector who has completed Vendor provided training and is proficient in the collection of genetic testing specimens and completion of the chain of custody/client authorization documentation.

Qualified collector must receive qualification training that meets the requirements of the AABB and demonstrate procficiency in applying these requirements.

36 2.30 Pricing and Payment Requirements

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11 On months that include 31 days can an exception made if a case closes out on the 1st and the monthly statement doesn't close out until the 31st. It doesn't fall within their 30 day window . They would receive the results before then but not the bill for the case until after closeout. Is that acceptable?

Invoices must be submitted no later than thirty (30) days after completion of the service.

37 2.30 Pricing and Payment Requirements

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12 Is the State looking to receive an individual invoice per cases and a monthly invoice aggregate invoice?

Individual invoices per case are not required. However, the montly invoice must include required imformation for each case.

38 2.30 Pricing and Payment Requirements

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12 The laboratory does not have access to the date the county requested sample.

Would the State accept the collection date on the invoice.

DCSS requires only the collection date and not the date the collection was requested.

39 2.00 Scope of Work - Secure Website

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9 Can the vendor provide the date that the results are issued rather than reported online? Typically, these dates will be the same, but sometimes if results will be finalized late on the day they will be available on the website on the next day.

Yes, vendor may provide the date that the results are issued.

40 Personal Service Contract Standard Terms & Conditions 9.00 Invoices for fees.

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29 In reviewing some of the questions on the invoice form, some of the questions might be n/a. Can the State confirm that if the questions don’t apply to our services that we can just state n/a. Is the Invoice Form applicable to this contract.

The invoice form is required on a Personal Service Contracts, in addition to the vendors invoice. N/A may be listed on the invoice form for those questions that may not apply.

RFP Section / Requirement Number

Document Document Page

Number

Vendor Questions Commonwealth Response

ATTACHMENT A - Office of Attorney General's Response to Vendors' Written Questions - RFP 040 2600000321

41 RFP 040

2600000321

How many samples are collected by agency staff? How many counties are doing collection by agency, and if so can the agency identify the locations?

Currently, there are no counties that are performing sample collections.