ESBD_358368_1717700845402_SOL_ADD_1_405-24R0004808_952-48 .pdf

Procurement and Contract Services

Revised-March 10, 2015 PCS form 004

ADDENDUM OF SOLICITATION

1. SOLICITATION NO.

405-24R0004808

2. ADDENDUM NO.

3. EFFECTIVE DATE

06/06/2024

4. ISSUED BY

Department of Public Safety Procurement and Contract Services 5805 North Lamar Blvd. Bldg. A 1st floor Austin, Texas 78752

5. NAME AND ADDRESS OF OFFEROR

6. The above numbered solicitation is amended as set forth in Item 7. The hour and date specified for receipt of Offers is extended, is not extended.

Offers must acknowledge receipt of this addendum prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing Items 5 and 8, and returning 3 copies of the addendum; (b) By acknowledging receipt of this addendum on each copy of the offer submitted; or (c) By separate letter or e-mail which includes a reference to the solicitation and addendum numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER.

If by virtue of this amendment you desire to change an offer already submitted, such change may be made by e-mail or letter, provided each e-mail or letter makes reference to the solicitation and this addendum, and is received prior to the opening hour and date specified.

7. DESCRIPTION OF ADDENDUM:

The purpose of this addendum is to extend the deadline for DPS to receive responses per Section D.11 ANTICIPATED SCHEDULE OF EVENTS, to correct a sentence in Section C.4 DELIVERABLES of the solicitation and to provide answers to vendors questions per Section D.11 ANTICIPATE SCHEDULE OF

EVENTS.

A. Extend the deadline for DPS to receive responses per Section D.11 ANTICIPATED SCHEDULE OF EVENTS. The deadline date is extended to Monday, June 17, 2024.

B. Correction to sentence and removal of sentence in Section C.4 DELIVERABLES of the solicitation.

A. Contractor must provide a base-level case file (electronic, hardcopy, or both as required by DPS) for each service type submitted within sections C.2.1 through C.2.5, which must consist of the following:

A. Contractor must provide a base-level case file (electronic, hardcopy, or both as required by DPS) for each service type submitted within section C.2 SCOPE, which must consist of the following:

Remove sentence C.4.C. Contractor will provide a rush turnaround time of 14-30 days for Genetic Genealogy testing and phenotyping at the written request of DPS from the solicitation.

Except as provided herein, all terms and conditions of the solicitation, as heretofore changed, remain unchanged and in full force and effect.

8a. NAME AND TITLE OF SIGNER (Type or Print)

8b. OFFEROR

(Signature of Person Authorized to Sign) Date Signed

C. Answers to vendors questions per Section D.11 ANTICIPATE SCHEDULE OF EVENTS.

1. Section B.4 Mandatory Pricing Schedule. Is DPS interested in additional items not currently detailed in the price list? While it’s understood pricing will be evaluated based on the schedule provided, DPS may benefit from additional items such as rush testing services, biogeographical ancestry analysis, and investigative outreach services. As such, can the Respondent provide supplementary items for inclusion in the contract if awarded? Yes, as long as they are separate and in addition to the mandatory pricing schedule. The mandatory pricing schedule must be answered as written.

2. Section B.4 Mandatory Pricing Schedule. For the Testimony line item, can DPS confirm that the unit is per day? Is the pricing inclusive of travel costs? No, travel and lodging cost should not be included in the cost to provided testimony since those cost fluctuate depending on location. This is for testimony only per day and is charged separately per day and for travel.

3. Section C.2 Scope Section C.2. A.3 states that “the vendor must offer the option to stop testing after the qualification step for samples contain insufficient human DNA for further processing.” For the Genetic Genealogy portion of this award, can DPS confirm that if a SNP profile is developed, but cannot be uploaded to FTDNA or GEDMatch for use in genealogy, then the Contractor shall not charge DPS for building that profile? DPS will cover the cost as long as it was previously determined the profile appeared to be suitable for SNP testing.

4. Section C.2 Scope Section C.2. f.4 states that “contractor must not place samples from any other contract or agency on a plate containing samples from DPS.” Can DPS confirm that the requirement for dedicated plate runs applies to both STR analysis and SNP analysis? Vendor can provide the separate cost for dedicated plate runs and grouped together plate runs.

5. Section C.2 Scope The best way to ensure samples from other contracts and agencies are not run with DPS samples is to require that the contractor must not place samples from any other contract or agency on the same microarray chip or DNA sequencing run as samples from DPS. Can DPS confirm that this is what is being requested? Yes

6. Section C.2.3 SNP Analysis, Whole Genome Sequencing (WGS) and Mixtures Section C.2.3.B Contractor Requirements states “contractor must provide genetic genealogy services using genetic genealogists with a demonstrated track record”. Can DPS confirm that the Contractor should use Board Certified Genealogists? At this time, there is no certification requirement for genealogists who build family trees; however, proven track records of working criminal cases with law enforcement will be given priority consideration. See question #7.

7. Section C.2.3 SNP Analysis, Whole Genome Sequencing (WGS) and Mixtures Can DPS confirm that a track record of solving law enforcement cases should be demonstrated by providing a list of publicly-verifiable case solves similar in nature to the case type discussed in this solicitation (i.e. criminal cases)? Yes

8. Section C.3.2 Contractor Qualification Section C.3.2 states that “the Contractor laboratory must not subcontract any portion of the casework sampling handling, processing, analysis, or reporting to any laboratory not associated with the Contractor laboratory’s corporation,” we have the following questions:

8.a. Section C.2.3. B. Can DPS please confirm that genealogy research analysis and reporting must be performed by full-time, paid employees of the Contractor? At this time, genealogy research will be allowed to be sub-contracted if the genealogists have a proven track record of working law enforcement cases. Since this is DOJ Grant, and is subject to DOJ changes at any time, adherence to requirements of the grant will be followed.

8.b Section C.2.3. B. Can DPS please confirm that Kinship inference (laboratory processing, analysis, and reporting) must be performed utilizing in-house laboratory services and analysis must utilize in-house tools to perform the analysis (no outsourcing lab or analysis)? This section applies to determining the closeness of the relationships, i.e., 3rd to 4th cousins, etc.

8.c. Section C.2.3. C. Can DPS please confirm that Y-STR Surname Genealogy (laboratory processing, analysis, and reporting) must be performed utilizing in-house laboratory services and analysis must utilize in-house tools to perform the analysis? Y- STR Surname Genealogy does not have to be performed in-house. Y-STR Surname Genealogy Research will be allowed to be sub-contracted if the genealogists have a proven track record of working law enforcement cases. Since this is DOJ Grant, and is subject to DOJ changes at any time, adherence to requirements of the grant will be followed.

9. Section C.3.1 Contractor Requirements Section C.3.1.B.1. a. states that the vendor's laboratory will meet chain of custody requirements. Does DPS require successful prosecution examples where chain of custody was established for each type of testing service for which the Respondent bids? No

10. Section C.4 Deliverables Section C.4.1. h. requires a court ready written report as a deliverable. Can DPS confirm that the Respondent has experience defending such a report in a successfully-resolved jury trial for each type of testing service for which the Respondent bids? The vendors accreditation will cover this.

11. Is the STR/Y-STR TAT of 72 hours the only option or are there other turnaround times?

Is this for confirmation after the genealogy is performed and a person of interest is submitted for comparison?

Rush/expedited analysis only applies to STR and Y-STR forensic DNA testing. Yes, to include the rush STR testing (and Y-STR testing if requested) of a suspect sample.

12. What is the estimated monthly submission volume of cases?

Varies, but respondent should be able to handle 5 to 10 forensic cases and 5 to 10 genealogy cases per month.

13. What is the anticipated total volume of cases? Varies, but respondent should be able to handle 5 to 10 forensic cases and 5 to 10 genealogy cases per month.

14. Umbrella/Excess Insurance – Can this requirement be waived if similar sufficient proof of insurance is provided? The umbrella/excess insurance requirement for this solicitation is a $1 million dollar policy. If the vendor ups the underlying insurance policy values by this amount, then the umbrella/excess insurance can be waived. That would mean insurance in the following amounts:

WORKERS' COMPENSATION STATUTORY LIMITS FOR THE STATE OF TEXAS OR

FOR ANY STATE CONTRACTOR'S EMPLOYEE

RESIDES IN

Employer's Liability Bodily Injury by Accident Bodily Injury by Disease Bodily Injury by Disease

$2,000,000 Each Accident $2,000,000 Each Employee $2,000,000 Policy Limit

Commercial General Liability (occurrence based)

Bodily Injury and Property Damage $2,000,000 Each Occurrence Limit $3,000,000 Aggregate Limit $3,000,000 Products/Completed Operations Aggregate Limit $2,000,000 Personal Injury and Advertising Liability $50,000 Damage to Premises Rented $5,000 Medical Payments

15. Our company uses a fully secured electronic system for our documents and have had no clients that require hardcopy reports. Is hardcopy and electronic format required for all documents? No, electronic should be fine.

16. How many cases that fall into this scope of testing have you worked in the last year? Varies, but respondent should be able to handle 5 to 10 forensic cases and 5 to 10 genealogy cases per month. DPS expects a minimum 50 genealogy cases per year.

17. Is it possible to submit a response for the genealogical research only? If the genealogists have a proven track record of successfully working law enforcement cases.

18. Is it possible for a lab who submits a bid to use contractors for the genealogical research required by the solicitation? See answers to Question #8.

19. Under Section C.3.2 Contractor Qualifications, the ISO accreditation “where applicable” is unclear. Please confirm which line items on the price schedule require evidence of accreditation. Refer to the Texas Forensic Science Commission, Chapter 651.5 (b)(3). Genealogy Research, to build the family trees, does not require accreditation. Family reference sample SNP testing does not require accreditation. Vendor must be accredited for all line items except line item 13 - YSTR surname genealogy line item 23 & 24 - SNP for investigative leads.

20. Under Section C.3.2, it is unclear whether subcontracting is allowed and which services Contractor may subcontract. Please confirm. Any subcontracted lab utilized must be DPS approved and be Texas accredited or obtain accreditation within the specified time frame.

21. Under Section C.2. f.4, Contractor recommends in order to give DPS the best value that DPS remove this requirement as it will create a dramatic impact on price. Please provide a cost with and without the requirement. The mandatory pricing schedule must be answered as written in order for a fair comparison of prices.

22. Please consider including under Contractor Qualifications that the evaluation of the number of Texas licensed analysts employed by the Contractor as well as the experience level of the analysts. DPS may take this into consideration.

23. D.7.1. G. Requests an Application for Texas Identification Number (AP-152). If we already have a Texas Identification Number, can we omit this form? Yes, please complete your information in the Information and Certifications Exhibit.

24. C.3.2. A states that “The vendor must be accredited within six months of contract award by the Texas Forensic Science Commission in compliance with ISO 17025 for all work performed that requires accreditation”. Genetic Genealogy is a lead generation tool. Microarray and sequencing are not forensically validated methods. Does the accreditation requirement only apply to forensic laboratories performing traditional forensic testing? If not, please define what specifically requires accreditation. See question 19. Refer to the Texas Forensic Science Commission, Chapter 651.5 (b)(3). Microarray and sequencing should still be validated and can be audited to the ISO 17025/QAS standards.

25. D.7.1. H. Requests a Certificate of Account Status from the State Comptroller of Public Accounts. However, the Comptroller’s office only issues Certificates of Account Status for companies wishing to terminate their existence. Instead they can provide a letter stating we have met the franchising requirements, and our right to transact business in Texas is active. Is this letter sufficient? Yes

26. Can a full price sheet be attached to the proposal? This is necessary if a bidder (a) offers packaged services and does not have individual prices for some of the line items in the RFP and/or (b) offers additional services that assist in genetic genealogy investigations but are not listed in the solicitation. Yes, as long as they are separate and in addition to the mandatory pricing schedule. The mandatory pricing schedule must be answered as written in order for a fair comparison of prices.

27. Section C.3.2. a. of the solicitation has conflicting statements about subcontracting. It says “Prior to any subcontracting, the vendor must notify DPS of the work to be outsourced and the subcontractor to whom the sample(s) will be sent.” and then it says “The Contractor laboratory must not subcontract any portion of the casework sample handling, processing, analysis, or reporting to any other laboratory not associated with the Contractor laboratory's corporation”. Our organization has Master Service Agreements with a variety of specialty SNP testing and forensic laboratories so that DNA processing can be customized to meet the needs of each individual DNA sample. Will subcontracting for SNP laboratory testing be permitted? Will subcontracting for forensic extractions and testing be permitted? If they notify us prior and the subcontractor meet all the same requirements, then subcontracting should be fine as long as they have or will be obtaining Texas Accreditation. Also, refer to the Texas Forensic Science Commission, Chapter 651.5 (b)(3)

28. Page 6. Pricing schedule Line 3: Please clarify what you mean by “Male DNA Screening.” Is this referring to DNA quantification or something else? Refers to DNA quantification with male target to determine best course of downstream analysis, STR vs.

YSTR. Means - Preliminary Quant, Male DNA Screening, or Stop-At-Quant. Preliminary quant testing is used to determine the approximate human DNA present in the sample. Vendor lab must offer the option to stop testing after the quantification step for samples containing insufficient human DNA for further processing. Vendor lab must also offer male DNA screening and halting processing when appropriate.

29. Page 6. Pricing schedule Line 7 and Line 8. Why are the two different processes combined? Rather than combine DNA extraction and mitochondrial DNA analysis, can the price schedule be amended to list a separate line item for each? Yes, as long as they are separate and in addition to the mandatory pricing schedule. The mandatory pricing schedule must be answered as written in order for a fair comparison of prices.

30. Page 6. Pricing schedule Line 14: Please clarify what you mean by “DNA Testing”. Is this referring specifically to Microarray SNP genotyping? Yes, this would be Micro array only since extraction, quantification, WGS and Kintelligence are listed as separate items.

31. Page 6. Pricing schedule Line 15: Please define what “Quality Verification” means. Does this verification refer to a DNA sample before or after it has been processed by a SNP laboratory? Are you referring to a pre-SNP test assessment of how likely a DNA extract will result in a useful SNP profile? Or a post-SNP test assessment of the usability of the SNP data? This would be pre-SNP test assessment. Post SNP test should be included as part of lines 22-24

32. Page 7. Pricing schedule Line 20: Can an additional line item be added for Database uploads to GEDmatch/ FTDNA for Target Test/ Family Reference Tests. The databases charge fees for this type of upload. Should the cost of GEDmatch and FTDNA be combined together or listed separately as different line items? Most genetic genealogists will upload to both, but some may start with one and only upload to the other, so maybe three lines, one for GEDMatch Pro only, one for FTDNA only and one for GEDMatch+FTDNA. This will fall under line item #22.

33. Page 7. Pricing schedule Line 22: Please list which Texas DPS databases are approved for uploads. GEDMatch Pro and FTDNA

34. Pricing schedule Line 22: Should database costs for GEDmatch and FTDNA be combined together as one line item or will DPS add additional line items so the database costs can be itemized? See question 33. It will be itemized. When an upload to both databases occurs, the PO will have the line item #22 for the cost of each upload separately.

35. General Question about Price of Third-Party Databases: If the companies that own FamilyTree DNA and GEDmatch increase the upload price during the term of vendor’s contract with DPS, will DPS adjust the contract to allow vendor to be reimbursed by DPS for the increased amount? Yes that is a fair request Yes, if the cost to upload increases, DPS will request permission to DOJ/BJA to increase the reimbursement amount and will do so if approved.

36. Define expectation of "target testing". Is it performance of SNP analysis of Known individuals; samples received from volunteer or surreptitious? This would include SNP testing for third party individuals either with volunteered informed consent or surreptitious if the individual could compromise the investigation, tested in order to aid in tree building. Should be limited.

37. It is noted that the vendor must be accredited within six months of award by TFSC to ISO 17025 for all work performed that requires accreditation. Please clarify what work requires accreditation by the TFSC? See question 19. Refer to the Texas Forensic Science Commission, Chapter 651.5 (b)(3).

38. Do analysts performing the SNP workflows/analyses need to be licensed by the TFSC? Yes. Refer to the Texas Forensic Science Commission, Chapter 651, Subchapter C, Rule 651.203.

39. Please clarify this statement, "Kinship inference testing generated from the same DNA sample, thus minimizing the number of crime scene DNA sample tests." and how a genealogist can demonstrate doing this? This would be the genetic genealogy work done with GEDMatch Pro or FTDNA. Question 7 has a way to verify this. This section applies to determining the closeness of the relationships, i.e., 3rd to 4th cousins, etc.

40. "Contractor must provide a base-level case file (electronic, hardcopy, or both as required by DPS) for each service type submitted within sections C.2.1 through C.2.5, which must consist of the following:" There is no C.2.4 or C.2.5 in the solicitation can the Government please clarify which section are subject to this requirement? C.2.5 is a typo. In Section C.4 DELIVERABLES A. the sentence is modified to read “Contractor must provide a base-level case file (electronic, hardcopy, or both as required by DPS) for each services type submitted within section C.2 SCOPE, which must consist of the following:”

41. Does this requirement apply to all line items under sections General DNA Evidence and Buccal Swab and SNP Genealogy in B.4 table? Yes, if referencing question 40.

42. Does this requirement apply to testing under section C.2.2 SNP ANALYSIS, KINTELLIGENCE, MICROARRAY, WHOLE GENOME SEQUENCING (WGS), AND MIXTURES. Yes

43. Does this requirement apply to Kintelligence and/or Whole Genome Sequencing? Yes

44. To align with requirements in sections C.2.1, C.2.2, and C.2.3, is there flexibility in the quantity and/or definition of "test" in the pricing structure? Vendor can clarify in response.

45. The requirement states a rush turnaround time of 14-30 days for genetic genealogy testing may be required but table B.4 does not have a line item listed for rush genetic genealogy (Kintelligence, Microarray, or Whole Genome Sequencing). Where should this pricing be captured? Rush testing only applies to STR/Y-STR testing. (Section C.4.C will be removed in the solicitation)