ESBD_367554_1720622681306_SOL_PST_405-24R0004808A_952-48.pdf

DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS

SOLICITATION NO.

405-24R0004808A

TYPE OF SOLICITATION

NEGOTIATED - REQUEST FOR

QUALIFICATIONS (RFQ)

DATE ISSUED

07/10/2024

DNA ANALYSIS AND GENETIC GENEOLOGY

Vendor must submit electronic responses no later than 5:00 P.M. Central Time on 07/31/2024 to the following address.

DPS_Solicit_Response@dps.texas.gov Attention: 405-24R0004808A

DPS is not currently accepting any in-person solicitation responses. DPS will only accept electronic responses received by the date and time indicated in this document.

FOR INFORMATION CONTACT:

Heidi Davis, CTCD CTCM

Contract Administrator

PHONE: (512) 424-5724

EMAIL: Heidi.Davis@dps.texas.gov

RESPONSE (Respondent must fully complete)

DISCOUNT FOR PROMPT PAYMENT: 10 DAYS

20 DAYS

30 DAYS

___ DAYS

ACKNOWLEDGMENT OF ADDENDA:

(Respondent acknowledges receipt of Solicitation addenda and related documents numbered and dated:

ADDENDUM NO. DATE ADDENDUM NO. DATE

NAME AND ADDRESS

OF RESPONDENT:

RESPONSE DATE

EMAIL AND TELEPHONE NO. (Include area code)

SIGNATURE OF AUTHORIZED REPRESENTATIVE

NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

CERTIFICATION, DISQUALIFICATION, AND REMEDIES

By signing this document, Vendor represents and warrants that all statements, certifications, and information submitted in response to this solicitation are true, current, complete, and accurate.

Failure to sign will deem the response non-responsive. DPS may pursue and enforce any available remedies against Vendor for making false statements, including disqualifying the Vendor’s response, immediately cancelling any Contract awarded to Vendor, or recommending State of Texas debarment.

TERM, PRICING, AND FUNDING

The initial contract term commences on the effective date stated in the signing document, or purchase order and expires 3 years from that effective date.

If necessary, at the end of the contract term, DPS reserves the right to extend continued performance of the Contract at rates specified within, by written notification to Contractor for no more than a six-month period, for the purpose of re-advertising, awarding a new Contract, or transitioning into a new Contract.

DPS will not allow changes after Date of Award to terms or pricing during Contract term. The continuation of the Contract for any period is subject to the availability of DPS’s funding source for the Contract.

Page 2 of 32 Template Approved 10/26/2023

SECTION A—DEFINITIONS

SECTION B—SERVICES AND PRICES

B.1 PRICING REQUIREMENTS

B.2 INVOICE REQUIREMENTS

B.3 PAYMENTS

B.4 MANDATORY PRICING SCHEDULE

SECTION C - STATEMENT OF WORK

C.1 INTRODUCTION

C.2 SCOPE

C.3 CONTRACTOR MINIMUM REQUIREMENTS

C.4 DELIVERABLES

C.5 General ACCEPTANCE CRITERIA

C.6 TRANSITION

C.7 DPS PERSONNEL

C.6 LIQUIDATED DAMAGES

C.7 HISTORICALLY UNDERUTILIZED BUSINESSES (HUB) PARTICIPATION

C.8 INSURANCE REQUIRED UNDER THE CONTRACT

C.9 CRIMINAL HISTORY BACKGROUND CHECK

C.10 GENERAL CONFIDENTIALITY REQUIREMENTS

C.11 PERSONAL INFORMATION

SECTION D—INSTRUCTIONS, CONDITIONS, AND NOTICES TO RESPONDENTS

D.1 RESPONSE PREPARATION INSTRUCTIONS

D.2 SOLICITATION ADDENDA

D.3 LATE SUBMISSIONS, CHANGES, AND WITHDRAWALS OF RESPONSES

D.4 RESPONSE ACCEPTANCE PERIOD

D.5 CONTRACT AWARD

D.6 DPS’s RIGHTS

D.7 RESPONSE SUBMISSION INSTRUCTIONS

D.8 DISCUSSION AND CORRESPONDENCE

D.9 SUBMISSIONS SUBJECT TO THE TEXAS PUBLIC INFORMATION ACT

D.10 AGENCY POSTING OF CONTRACTS

D.11 ANTICIPATED SCHEDULE OF EVENTS

SECTION E—EVALUATION CRITERIA

SECTION F—LIST OF EXHIBITS………………………………………………………………………..33

Page 3 of 32 Template Approved 10/26/2023

SECTION A—DEFINITIONS

The following terms and acronyms used in the Contract have the meanings given in this section unless the context indicates otherwise.

“Business Day” means Monday through Friday except for federal, state, and legal holidays observed by the State of Texas.

“Business Hours” means 8:00 a.m. to 5:00 p.m. Central Time.

“Contract” means this formal, written, and legally enforceable agreement between DPS and Contractor.

“Contractor” means the individual, business entity, or organization awarded the Contract. In the context of submitting a response, “Contractor” also means “Respondent” and “Vendor.”

“Date of Award” means the date the Contract is fully executed.

“Days” means calendar days unless otherwise specified.

“DPS” means the Department of Public Safety of the State of Texas, a state agency in the executive branch created under Tex. Gov’t Code Ch. 411.

“Fiscal Year” means any of the one year periods beginning September 1 and ending August 31 used for annual budgetary purposes by the State of Texas.

“Genealogy” means Genetic Genealogy (GG), Forensic Investigative Genetic Genealogy (FIGG), and Investigative Genetic Genealogy (IGG).

“Parties” means Contractor and DPS.

“Respondent” means the individual, business entity, or organization that submits a response in response to this solicitation with intent to contract with DPS.

“SNP Analysis” means the measurement of genetic variations of single nucleotide polymorphism is a genomic variant at a single base position in the DNA.

“Vendor” means the individual, business entity, or organization at any stage in the procurement or contracting process (prior to response, during response, and after contract award).

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SECTION B—SERVICES AND PRICES

B.1 PRICING REQUIREMENTS

B.1.1 Pricing Instructions

A. Respondent must submit proposed pricing in a separate document using the Mandatory Pricing Schedule that includes all costs, fees, licenses, and all expenses for Contractor’s delivery and performance of the commodities or services requested. Respondent pricing will not be opened until DPS selects the most qualified Respondent. Price will not be a factor in selecting the most qualified Respondent. The final negotiated, contracted pricing and payment structure will represent Contractor’s sole compensation under the Contract. DPS guarantees no minimum compensation under the Contract.

B. DPS will negotiate pricing prior to award of the Contract if the pricing offered appears that it may not be best value to DPS.

C. Contractor must deliver and provide the commodities and services described in compliance with all requirements of the Contract on a no minimum, as needed, as requested basis. Notwithstanding anything else to the contrary in the Contract, DPS will not make any payments of any amount to Contractor or any other entity or person, and Contractor will not submit any invoices, until Contractor has received approval from DPS’s Contract Monitor specifically stating that DPS accepts the commodities or services and Contractor is authorized to submit an invoice. If DPS does not accept the commodities or services, the Contract will involve no payments of any type for any amount.

B.1.2 Financial Rating Report, Financial Resources, and Ability to Perform

A. Respondent must provide evidence of its financial resources and its ability to provide the commodities or perform the services for which Respondent is submitting a response.

This includes information Respondent believes is pertinent to demonstrate its financial capability, financial solvency, and capacity to fulfill the requirements of this solicitation.

B. Evidence of financial stability include providing audited financial statements for each of the last two years of Respondent’s operations or, in the alternative, financial statements compiled, reviewed and attested by an independent certified public accountant or certified public accounting firm. Respondents may submit a copy of its Dun & Bradstreet (D&B) Business Information Report. If a D&B Report is submitted the report must include Respondent’s Viability Score and the Portfolio Comparison Score or similar ratings.

C. In lieu of providing financial statements in its Proposal, a Respondent may provide a statement regarding the Respondent’s financial stability and viability to perform under any resulting contract. If Respondent elects this approach rather than audited financial statements, the Respondent must submit a statement, with appropriate supporting

Page 5 of 32 Template Approved 10/26/2023 documentation, sufficiently detailed to demonstrate financial solvency, and to verify the capacity to fulfill the requirements of this solicitation.

D. Respondent must provide information and any other financial information reasonably requested by DPS consistent with the services provided by Respondent or otherwise required by the then applicable DPS policies for similar contracts.

E. Selected Contractor must also submit to the Contract Administrator its financial rating information within 120 days after the end of Contractor’s fiscal year.

F. DPS reserves the right to investigate and determine the financial integrity and responsibility of a Respondent and to reject a response on the grounds of Respondent’s lack of financial soundness, or if DPS reasonably concludes, after reviewing the information submitted by Respondent as well as all other relevant information obtained by DPS, that significant issues exist that could jeopardize Respondent’s full and timely performance. DPS also reserves this same right throughout the life of the Contract, including before executing any optional renewal with Contractor.

B.2 INVOICE REQUIREMENTS

A. Invoices are Contractor’s billing for commodities or services rendered. DPS will pay

Contractor based on itemized invoices submitted to and approved by DPS. The invoices must be itemized and clearly identify the actual commodities and services provided.

B. Contractor’s invoice must include the following: the Contract/Purchase Order number, the remittance address, and any prompt payment discount offered. Contractor must email the invoice to the Contract Monitor listed in the Contract and to apinvoices@dps.texas.gov.

The State of Texas will not incur any penalty for late payment if the invoice fails to conform to the requirements of this section or if Contractor did not email the invoice to the appropriate email addresses identified in this section.

B.3 PAYMENTS

A. DPS recommends that Vendor receive payments by electronic funds transfer (EFT), also known as direct deposit. If Vendor elects to be set up for direct deposit payment, Vendor must submit a completed Direct Deposit Authorization Form (74-176).

B. Regardless as to whether Direct Deposit is chosen, Vendor must submit a completed Application for Texas Identification Number (AP-152) and Request for Taxpayer Identification Number and Certifications Form (W-9) with its response.

C. If Vendor has previously submitted a completed Direct Deposit Authorization Form and Request for Taxpayer Identification Number and Certifications Form to DPS for another separate contract, Vendor is not required to submit another form.

mailto:apinvoices@dps.texas.gov

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B.4 MANDATORY PRICING SCHEDULE

Respondent must submit pricing within the Mandatory Pricing Schedule Exhibit replicating, as necessary, in the exact format.

See the Mandatory Pricing Schedule Exhibit provided with this solicitation.

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SECTION C - STATEMENT OF WORK

C.1 INTRODUCTION

DPS seeks proposals from private contractor laboratories for outsourcing various Deoxyribonucleic Acid (DNA) Analysis and Genetic Genealogy Services. DPS's Texas Rangers Division will use the results of the services for the continued investigation and prosecution of unsolved criminal cases. DPS is seeking to award to multiple vendors, and vendors should submit a response for all applicable services they can provide. DPS reserves the right to utilize the Laboratory of choice.

DPS reserves the right to add any new scientific testing and analysis services within the DNA discipline that DPS becomes legally obligated to perform during the Contract period.

C.2 SCOPE

A. Deoxyribonucleic acid (DNA) analysis of general DNA evidence

1) DNA Extraction from physical evidence.

2) Buccal Swab DNA analysis and comparison to confirm DNA from possible suspects match the DNA sample associated with the crime.

3) Preliminary quant testing used to determine the approximate human DNA present in the sample and offer male DNA screening. The vendor must offer the option to stop testing after the qualification step for samples contain insufficient human DNA for further processing.

4) M-Vac technology for DNA collection and filter analyzing.

5) Testing must be performed by the vendor with TXDPS approved kits (DPS preferred kit is 24plex or Globalfiler).

6) Expedited DNA analysis and comparison: results returned to DPS within 72 hours of receipt of the sample.

7) DNA profiling of submitted buccal swabs for subsequent entry into CODIS by DPS

Crime Laboratory with Common message format (CMF). The aforementioned analysis must be at the 20 CODIS core loci: CSF1PO, FGA, THO1, TPOX, VWA, D3S1358, D5S818, D7S820, D8S1179, D13S317, D16S539, D18S51, D21S11, D1S1656, D2S441, D2S1338, D10S1248, D12S391, D19S433, and D22S1045.

B. Y-Chromosome Short Tandem Repeat (PowerPlex Y23) analysis of DNA samples

1) Profiles will be uploaded to CODIS database by DPS Crime Laboratory

C. Sample Analysis & Procedure

1) Confidentiality

a. Other than the associated case file and report, no identification information about the sample(s) may be recorded by the contractor.

b. Any "outside" inquiries related to the processing of these samples must be immediately reported to DPS. "Outside" inquiries are those originating from any organization besides DPS, including but not limited to private citizens, news

Page 8 of 32 Template Approved 10/26/2023 agencies, etc. No information regarding the processing of these samples may be provided to any organization or person besides DPS.

2) Procedures for performing forensic DNA analysis

a. Batch composition:

1. Cases and samples must be tested, reported, and returned in batches consistent with the way that the samples were shipped to the contractor.

2. Cases and samples within a batch must be tested and reported in numerical order (with the exception of retesting).

3. Vendor must not consume the entire sample. If a vendor anticipates the entirety of a sample must be consumed to perform the requested service, DPS must be provided with a written request to consume the sample, and written consent from DPS must be obtained prior to performance of the requested service.

b. Storage: Samples must be stored in a secure facility in a manner to minimize loss, contamination, and/or deleterious change at room temperature until analysis has begun. DPS reserves the right to conduct a site visit and to inspect storage sites to awarded contractors for compliance.

c. Processing: Cases or samples must be processed beginning with the oldest date of receipt by the Contractor. The contractor must test a case or sample out of receipt of order at DPS's discretion.

d. Return and Notification:

1. Cases or samples must be returned to DPS when the data and reports have been reported and reviewed by the contractor laboratory. Further, if the case has not yet been started and a suspect or lead is developed, the evidence can be recalled by DPS and returned unanalyzed at no cost to DPS.

2. To maintain the integrity of the samples, each sample must be properly sealed with initialed evidence tape in the pouch provided by DPS and returned by overnight carrier (Federal Express, UPS, or another carrier approved by DPS).

3. Contractor must immediately notify DPS when cases or samples are returned to DPS. Cases and samples must be in the same order and boxes in which they were received by the contractor laboratory.

e. Destruction and Disclosure of sample forensic DNA analysis: Contractor must comply with the following restrictions for Destruction/Disclosure of DNA samples and records:

1. At the end of each federal fiscal year, October 1st through September 30th, Contractor must send a certificate of destruction of work product to DPS.

2. The certificate of destruction must be made in writing by overnight carrier 90 calendar days prior to the destruction and must include a cover letter describing the testing and why the notification has been sent.

3. The amplified product must be destroyed after the evidence and extracts are returned to DPS. After destruction of evidence, Contractor must send a certificate of destruction of work product (DNA Sample or case documentation) to DPS within five Business Days of destruction at no additional cost.

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4. Remaining portion of the sample must be returned to DPS after the data has been reviewed and reported by Contractor Laboratory.

5. For forensic casework, extracted DNA tubes must be returned to DPS in a separate container from the evidence.

f. Forensic DNA Analysis performance testing procedures

1. The validated policies, procedures, and methods used by the Contractor must promote the successful profiling of samples the first time through the laboratory (without re-injections, re-testing, and additional sample consumption) and must provide data that is the least complicated for the State to review.

2. Contractor must provide documentation for procedural changes to DPS.

When a procedural change is requested, DPS must review Contractor's analysis and comparison studies and reports. DPS will also consider the impact that the proposed change will have on DPS' laboratory process. DPS may also want to inspect the approved process in the contractor's laboratory prior to its implementation. DPS written approval will include an implementation date. Procedural changes must not be utilized prior to the implementation date.

3. If at any time in the testing process following award, DPS determines that a procedure is inadequate for the processing of the samples, the Contractor must implement and validate a procedure that is acceptable by DPS.

4. Contractor must not place samples from any other contract or agency on a plate containing samples from DPS.

5. There is a concern that small amplification volumes (those less than 12.5ul) may result in a higher number of samples unsuitable or failed results. If the contractor(s) laboratory uses a reaction volume less than 12.5 ul and the sample failure rate is greater than 0.1%, at the direction of DPS, the contractor must retest the failed samples using an amplification reaction volume of 12.5ul or greater using the manufacturer's suggested concentrations of reaction components.

6. Testing paperwork: The contractor must prepare all note pages with proper identifiers, and each step of the DNA analysis process must be thoroughly documented.

3) Retesting:

a. The contractor must obtain written consent from DPS to re-test a sample.

4) Notification of Testing Issues:

a. Contractor must provide notice to DPS, in writing, within five working days of any problem and associated corrective action regarding samples.

b. If an issue is discovered that requires corrective action, Contractor must demonstrate the extent of the issue, identify all affected samples/profiles, and provide corrective action.

c. If unexpected results are obtained, for example, multiple DNA profiles, amplification failure, etc.), the Contractor laboratory must troubleshoot the problem, and all variant alleles must be re-run for confirmation purposes.

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C.2.1 Y-STR TESTING

A. DPS requires that contractor have the ability to process approximately 10 Y-STR tests per month, depending on need.

B. Expedited Y-STR

1) Upon request by DPS, contractor must perform expedited Y-STR on submitted samples. The aforementioned report must be sent to DPS within 72 hours from receipt of the sample by Contractor.

C.2.2 SNP ANALYSIS, KINTELLIGENCE, MICROARRAY, WHOLE GENOME SEQUENCING (WGS),

AND MIXTURES

A. DPS requires a contractor to perform SNP analysis on extracted DNA samples. The contractor must have the ability to process a minimum of 1-10 tests per month.

B. DPS will submit extracted DNA to the vendor for DNA SNP analysis.

C. DPS will submit target testing from non-suspect family members for DNA SNP/WGS analysis.

D. Vendor will perform SNP analysis on microarray mixtures upon request.

E. Vendor will perform Kintelligence on single source profiles upon request.

F. Vendor will perform whole genome sequencing on single source and mixture profiles upon request.

G. Contractor will perform SNP Analysis on extracted DNA samples and produce a report to be used for forensic genetic genealogy for comparison to public DNA databases.

C.2.3 SNP ANALYSIS, WHOLE GENOME SEQUENCING (WGS) AND MIXTURES

A. DPS requires that the contractor have the ability to genealogy research a minimum of 5- 10 cases per month.

1) Genetic Genealogy

a. Contractor will compare SNP results from the unknown DNA extracted sample to public genetic genealogy database for potential construction of family trees based on the relatedness of matches.

b. Contractor will process, test, and analyze target tests as needed.

B. Contractor Requirements

1) Contractor must provide genetic genealogy services using genetic genealogists with a demonstrated track record of;

a. Solving law enforcement cases and unknown parentage cases, Page 11 of 32 Template Approved 10/26/2023

b. Ethical usage of only public genetic genealogy databases that explicitly allow law enforcement usage

c. Ability to further investigation,

d. Kinship inference testing generated from the same DNA sample, thus minimizing the number of crime scene DNA sample tests.

C. Y-STR Surname Genealogy:

1) Contractor will perform Y-STR Surname research on qualified Y-STR samples.

2) The results of Y-STR Surname Genealogy will be used to identify paternal surnames to assist in furthering investigative leads.

C.3 CONTRACTOR MINIMUM REQUIREMENTS

C.3.1 CONTRACTOR REQUIREMENTS

A. Contractor must be able and willing to accept additional evidence for analysis for each case.

B. Contractor's technical proposal must include the following plans:

1) Logistical Coordination Plan

a. The plan must describe measures and actions the vendor's laboratory will execute to obtain possession of DNA evidence while also meeting chain of custody requirements.

b. Measures and actions may include overnight mail or express service delivery (e.g. UPS, FedEx type service), secure contractor pick up or drop off evidence, DPS staff pick up and drop off evidence, and related activities.

C.3.2 CONTRACTOR QUALIFICATION

A. The contractor must be accredited within six months of contract award by the Texas Forensic Science Commission per Title 37 Texas Administrative Code Chapter 651 in compliance with ISO 17025 for all work performed that requires accreditation. A copy of all accreditation certifications must be included in the response. Prior to any subcontracting, the vendor must get written approval from DPS of the work to be outsourced and the subcontractor to whom the sample(s) will be sent. Any subcontractor laboratory must meet pertinent requirements for work to be performed (e.g., certifications and/or accreditation where applicable). 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.

B. The Contractor laboratory must perform all work in the United States of America.

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C.3.3 CONTRACTOR RESPONSIBILITIES

A. The Contractor laboratory must protect the confidentiality of all records and other materials that are maintained in accordance with this Contract.

B. The Contractor laboratory must have written policies governing access to, duplication, and dissemination of all such information.

C. The Contractor laboratory must provide its employees and agents, if any, with a copy of a written explanation of these confidentiality requirements before access to confidential data is permitted. A copy of a signed confidentiality statement for each employee will be maintained on file for audit and review for five (5) years beyond termination of this Contract. Any use, sale, or offering of these data in any form by the Contractor laboratory, its employees, or assignees, except by valid subpoena or court order for testimony or discovery purposes, will be considered in violation of this Contract.

D. The laboratory must be responsible for all costs incurred in this process. The acceptable mode of transportation must provide proper conditions to protect the integrity of the samples, ensure the chain of custody remain intact, and assure prompt delivery. The shipper must guarantee the ability to track all shipments, and the mode of transportation must be approved by DPS.

C.4 DELIVERABLES

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:

1) Case reports: Any/all data relating to SNP forensic genealogy results, ancestry determination, and phenotyping will be provided to DPS 75 days from the day the genotyping laboratory receives the sample from DPS.

a. Any Department required paperwork

b. All Technical worksheets reflecting samples for the particular case (i.e., extraction/quantitation/Amplification/CE set-up)

c. Summary table depicting all sample profiles

d. Chain of custody record

e. Documentation of 100% technical review by a qualified individual

f. Copies of written reports, which include results and interpretation of the analysis as issued to DPS. Including sample genotypes chart.

g. Case Notes

h. A court ready written Report (See the FBI's Quality Assurance Standards for

Forensic DNA Testing Laboratories, 7-1-2009, Standard 11.2 for required elements)

B. Specialized Case reports may be requested for specific services. Those reports should include the complete case file, as mentioned above, as well as the following;

1) General DNA Evidence and Buccal Swab

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a. Contractor must provide DNA results within 72 hours from receipt of sample to DPS when expedited DNA analysis and comparison is requested for a sample.

b. Contractor must provide DNA with a report of the 20 CODIS loci from the sample submitted by DPS that DPS Crime Laboratory will upload to the CODIS database.

C. Electronic data

D. Expert Court Testimony

Note: Reports must be sent to the DPS crime laboratory both by hard copy and electronically, as the cases are submitted and returned.

C.5 GENERAL ACCEPTANCE CRITERIA

A. DPS has the right to inspect and validate all products, services, and deliverables called for by this Contract, to the extent practicable at all times and places during this Contract.

DPS shall try to perform inspections in a manner that will not interfere with the Contractor's performance of this Contract. The Contractor must furnish and must require subcontractors to furnish, at no cost, all reasonable assistance for the safe and convenient performance of these duties.

B. If any deliverables do not conform to this Contract's requirements, DPS requires the Contractor to perform the deliverables or services again in conformity with this Contract's requirements, at no cost, in addition to all other legal and equitable remedies.

C. If subject to the outcome of an audit, it is determined that the Contractor is in non-compliance with any provisions of this Contract and/or that money is owed to DPS by the Contractor, then DPS may exercise its rights of recovery of money owed as authorized in Section 5.13.2 of DPS’s Standard Terms and Conditions.

D. Contractor must provide and maintain all documentation pertaining to quality testing, acceptance of deliverables, maintenance and warranty records, inventories of equipment per location, and all reports necessary as per the terms of this Contract, in a manner acceptable to the Department for the deliverables provided under this Contract.

Complete records of all inspection work performed by the Contractor(s) must be maintained and made available to the DPS during this Contract performance period and for a period of four (4) years after the termination of this Contract.

E. DPS will evaluate Contractor’s DNA data against the National DNA Index System (NDIS) Standards for Acceptance of DNA data. DPS will evaluate confidence interval for DNA records of samples returned to DPS, vendor's performance of all agreed upon timeline for communication and services, and documentation of work performed per specification outlined in Section C, Statement of Work.

C.6 TRANSITION

In the event that DPS awards a subsequent competitive solicitation to a new contractor or if DPS decides to perform the work itself, Contractor must work with DPS and any new

Page 14 of 32 Template Approved 10/26/2023 contractor to smoothly and seamlessly transition the contract. Contractor will develop a transition plan upon request by DPS. DPS must approve the transition plan before implementation. DPS will not release the final invoice until Contractor returns all Work to

DPS.

C.7 DPS PERSONNEL

C.7.1 DPS’s Contract Administrator

A. The Contract Administrator for administration of the Contract is Heidi Davis.

B. The telephone number for the Contract Administrator is 512-424-5724.

C. The email address is Heidi.Davis@dps.texas.gov.

The Contract Administrator is the representative of DPS's Procurement and Contract Services responsible for the general administration of the Contract, negotiation of any changes, and issuance of written amendments to the Contract.

If DPS and Contractor agree to amend the Contract, DPS will issue a written amendment signed by authorized signatories of the Parties.

C.7.2 DPS’s Contract Monitor

A. The Contract Monitor for the Contract is Orlando Salinas.

B. The telephone number for the Contract Monitor is 512-424-7303.

C. The email address is Orlando.Salinas2@dps.texas.gov.

The Contract Monitor is not authorized to make any representations or commitments of any kind on behalf of DPS or the State of Texas.

C.6 LIQUIDATED DAMAGES

A. DPS reserves the right to assess liquidated damages at an amount up to $100.00 for each instance that the contractor does not provide the analysis results outlined within the Service Level Agreement or any specified requirements in the Contract.

B. Contractor will not be responsible and liquidated damages may not be assessed due to any delay caused by schedule amendments requested by DPS, delays as the result of activity that is the responsibility of DPS or delays that DPS deems were outside the control of Contractor. The burden of proof that the delay is attributable to DPS rests with Contractor.

mailto:Heidi.Davis@dps.texas.gov mailto:Orlando.Salinas2@dps.texas.gov

Page 15 of 32 Template Approved 10/26/2023

C. Any liquidated damages assessed under the Contract may, at DPS's option, be deducted from any payments due to Contractor. DPS has the right to offset any liquidated damages payable to DPS, as specified above, against any payments due to Contractor. If insufficient payments are available to offset such liquidated damages, then Contractor must pay to DPS any remaining liquidated damages within 15 days following receipt of written notice of the amount due.

C.7 HISTORICALLY UNDERUTILIZED BUSINESSES (HUB) PARTICIPATION

A. An Historically Underutilized Business (HUB) is a business that is certified by the State of Texas that (1) is at least 51% owned by an Asian Pacific American, a Black American, a Hispanic American, a Native American, an American woman, or a Service Related Disabled Veteran; (2) is a for-profit entity that has not exceeded the size standards established by 34 Tex. Admin. Code § 20.294, and has its principal place of business in Texas; and (3) has an owner residing in Texas who has a proportionate interest in the business and who actively participates in the control, operations and management of the entity’s affairs. See also 34 Tex. Admin. Code § 20.282.

B. Vendor must make a good faith effort to comply with all state HUB requirements under

Tex. Gov’t Code Chapter 2161 and the administrative rules, as applicable. Contractor must also comply with its approved HUB Subcontracting Plan (HSP).

C. Respondent must submit an HSP as part of its response and must comply with implementation of the HSP. Contractor must seek written approval from DPS prior to making any modifications to its HSP. Respondent must submit a complete HSP and required forms with the response. Respondent’s response will be disqualified if the agency forms are not completed in full or are missing from Respondent’s original response.

D. Contractor must provide notice to all subcontractors listed on their approved HSP of their selection as a subcontractor for the Contract. The notice will specify, at a minimum, DPS’s name, the HUB Office, the Contract’s assigned contract number, the subcontracting opportunity the subcontractor will perform, the approximate dollar value of the subcontract, and the expected percentage of the Contract’s total value that the subcontract represents. A copy of the notice will be provided to the HUB Office and the Contract Administrator no later than ten business days after the effective date of the Contract.

E. Contractor must submit to the Contract Administrator on a monthly basis (by the fifth day of the following month) the Prime Vendor Progress Assessment Report.

C.8 INSURANCE REQUIRED UNDER THE CONTRACT

In its response, Respondents must provide a statement of its intent to obtain and maintain for the term of the Contract (and any renewal periods or additional extensions) the

Page 16 of 32 Template Approved 10/26/2023 minimum insurance coverage specified. Respondents should also describe other insurance coverage maintained by Respondents in the ordinary course of business and provide proof of same in its response. Proof of insurance may be provided in the form of current certificates of insurance. DPS and the State of Texas do not accept "self-insurance" coverage.

The awarded Contractor is required, within five business days of Notice of Award, to provide DPS with current certificates of insurance or other proof acceptable to DPS. Failure to submit acceptable proof of insurance within such period may result in DPS's revocation of the award. Contractor must maintain the required insurance during the initial term and any optional renewal period exercised. Contractor is responsible for ensuring its subcontractors' compliance with all insurance requirements.

If any policy is determined by DPS to be deficient and does not comply with the terms of this Contract, Contractor will secure such additional coverage as required by DPS, law, regulation, or customary practice. If coverage expires during the term of this Contract, Contractor must produce renewal certificates for each type of coverage.

Minimum Required Amounts of Insurance Coverage Type of Insurance Each Occurrence/Aggregate 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

$1,000,000 Each Accident $1,000,000 Each Employee $1,000,000 Policy Limit

Commercial General Liability (occurrence based)

Bodily Injury and Property Damage $1,000,000 Each Occurrence Limit $2,000,000 Aggregate Limit $2,000,000 Products/Completed Operations Aggregate Limit $1,000,000 Personal Injury and Advertising Liability $50,000 Damage to Premises Rented $5,000 Medical Payments

All required insurance coverage must be issued from a company or companies with a Financial Strength Rating of "A" or better from A.M. Best Company, Inc.

All insurance policies for required coverage must be issued by companies authorized to do business under the laws of the State of Texas and in a form satisfactory to DPS. All required insurance contracts must:

i. Be written on a primary and non-contributory basis with any other insurance coverages Respondents currently has in place; and

ii. Include a Waiver of Subrogation Clause.

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All certificates of insurance for required coverage other than workers compensation and professional liability must name the Department of Public Safety of the State of Texas and its board, officers, employees, and agents as additional insureds.

Contractor must:

A. Provide all required written documentation under this section to the Contract

Administrator.

B. Ensure all insurance policies and certificates of insurance for required coverage are written to include all products, services, and locations related to Contractor's performance under this Contract.

C. Ensure (and represents by executing a Contract) that all required policies contain endorsements prohibiting cancellation except upon at least 30 days' advanced written notice to DPS. The certificates of insurance must be addressed to the Department of Public Safety of the State of Texas as the certificate holder.

D. Deliver all copies of changes to insurance coverage (including extensions, renewals, cancellations, and revisions) at least ten calendar days prior to any expiration of a required policy. All renewal policies and corresponding certificates of insurance must meet all terms set forth in the Contract.

E. Ensure that all provisions of the Contract concerning liability, duty, and standard of care, together with the indemnification provision, are underwritten by contractual liability coverage sufficient to include Contractor's obligations under the Contract.

F. Obtain and maintain insurance policies that provide coverage for Contractor's principals, officers, directors, shareholders, partners, owners, agents, employees, subcontractors, independent contractors, and any other representatives who may provide services under this Contract.

C.9 CRIMINAL HISTORY BACKGROUND CHECK

A. Contractor’s project personnel with physical or logical access to DPS property or data must submit to a fingerprint-based Criminal History Background Investigation, at Contractor’s expense. To facilitate this Criminal History Background Investigation, each person must complete DPS Contractor Background Information form (HR-22), which DPS will provide.

B. If required under the Contract, Contractor will not allow personnel who have not submitted to and successfully completed DPS fingerprint-based Criminal History Background Investigation and who do not otherwise maintain a DPS security clearance to work on the Contract. DPS has the right to prevent Contractor’s personnel from gaining access to DPS building(s) and computer systems if DPS determines that such personnel do not pass the background check or fail to otherwise maintain DPS security clearance.

C. When required, Contractor’s Project Manager will provide the following to DPS Contract Monitor no later than ten days of executing the Contract:

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a) the completed Contractor Background Information form (HR-22) for all proposed personnel; and

b) acceptable fingerprints for all proposed personnel.

D. Throughout the term of the Contract, DPS may require Contractor personnel to submit to an annual DPS fingerprint-based Criminal History Background Investigation to DPS.

E. Throughout the term of the Contract, Contractor will promptly notify DPS of any activity or action by Contractor’s personnel that may affect that individual’s ability to continue to work under the Contract.

C.10 GENERAL CONFIDENTIALITY REQUIREMENTS

A. All information provided by DPS to Contractor, created by Contractor, or overheard, seen, or otherwise obtained by Contractor in performing the obligations under the Contract is confidential and may not be used by Contractor or disclosed to any person or entity, unless such use or disclosure is required for Contractor to perform work under the Contract. The requirements in this section also apply to subcontractors. The obligations of this section do not apply to information that Contractor can demonstrate:

1) Is publicly known at the time of disclosure or subsequently becomes publicly known through no fault of Contractor;

2) Contractor discovered, learned, or created independently by Contractor or by a rightfully possessing and disclosing third party or by any other legitimate means;

3) Is required to be disclosed by law or final order of a court of competent jurisdiction or regulatory authority, but Contractor must furnish prompt written notice of such required disclosure and will reasonably cooperate with DPS at DPS’s cost and expense, in any effort made by DPS to seek a protection order or other appropriate protection of its confidential information.

B. Contractor must notify DPS in writing of any unauthorized release of confidential information within four hours of when Contractor knows of such unauthorized release.

C. Contractor must notify affected parties in writing of any unauthorized release of confidential information within two business days of when Contractor knows of any unauthorized release of confidential information obtained from affected parties.

D. Contractor must maintain all confidential information in confidence during the term of the Contract and after the expiration or earlier termination of the Contract.

E. If Contractor has any questions or doubts as to whether particular material or information is confidential information, Contractor must obtain the prior written approval of DPS prior to using, disclosing, or releasing such information.

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F. Contractor acknowledges that DPS’s confidential information is unique and valuable, and that DPS may have no adequate remedy at law if Contractor does not comply with its confidentiality obligations under the Contract. Therefore, DPS will have the right, in addition to any other rights it may have, to seek in any Travis County court of competent jurisdiction temporary, preliminary, and permanent injunctive relief to restrain any breach, threatened breach, or otherwise to specifically enforce any confidentiality obligations of Contractor if Contractor fails to perform any of its confidentiality obligations under the Contract.

G. Contractor must immediately return to DPS all confidential information when the

Contract terminates, at such earlier time as when the confidential information is no longer required for the performance of the Contract or when DPS requests that such confidential information be returned.

H. Information, documentation, and other material in connection with the Contract, including Contractor’s response, may be subject to public disclosure under the Tex.

Gov’t Code Chapter 552.

C.11 PERSONAL INFORMATION

To the extent this subsection does not conflict with the section entitled “General Confidentiality Requirements,” Contractor must comply with both sections. To the extent this subsection conflicts with the section entitled “General Confidentiality Requirements,” this section entitled “Personal Information” controls.

A. “Personal identifying information” and “Sensitive personal information” are defined by

Tex. Bus. & Com. Code Ch. 521. Both are classified as personal information for purposes of this section.

B. Personal information does not include publicly available information that is lawfully made available to the public from the federal government or a state or local government.

C. “Breach of system security” is defined as follows: Unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information Contractor maintains under the Contract, including data that is encrypted if Contractor’s employee or agent accessing the data has the key required to decrypt the data. Good faith acquisition of personal information by an employee or agent of Contractor for the purposes of performing under the Contract is not a breach of system security unless the employee or agent of Contractor uses or discloses the personal information in an unauthorized manner.

D. Contractor must implement and maintain reasonable procedures, including taking any appropriate corrective action, to protect from unlawful use or disclosure any personal information collected or maintained by Contractor under the Contract.

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E. Contractor must notify DPS and affected parties of any breach of system security immediately after discovering the breach or receiving notification of the breach, if personal information was, or is reasonably believed to have been, acquired by an unauthorized person. However, Contractor must delay providing notice to the affected parties at DPS’s request, if DPS determines that the notification will impede a criminal investigation. Notification to the affected people may be made as soon as DPS determines that it will not compromise any criminal investigation.

F. Contractor must give notice as follows, at Contractor’s expense:

1) Written notice;

2) Electronic notice, if the notice is provided in accordance with 15 U.S.C. Section 7001;

3) Notice as follows:

a) If Contractor demonstrates that the cost of providing notice would exceed $250,000, the number of affected people exceeds 500,000, or Contractor does not have sufficient contact information for the affected people, Contractor may give notice as follows:

i. Email, if Contractor has an email address for the affected people;

ii. Conspicuous posting of the notice on Contractor’s website;

iii. Notice published in or broadcast on major statewide media; or

b) If Contractor maintains its own notification procedures (as part of an information security policy for the treatment of personal information) that comply with the timing requirements for notice under this subsection entitled “Personal Information,” Contractor may provide notice in accordance with that policy.

G. If this subsection requires Contractor to notify at one time more than 10,000 people of a breach of system security, Contractor must also notify, without unreasonable delay, each consumer reporting agency (as defined by 15 U.S.C. Section 1681a) that maintains files on consumers on a nationwide basis, of the timing, distribution, and content of the notices.

H. In the event of a breach of system security, if personal information was, or is reasonably believed to have been, acquired by an unauthorized person, DPS, an agency of the State of Texas, may assess and enforce, as applicable and without limitation, cyber insurance coverage requirements, indemnification, duty to defend, liquidated damages, actual damages, sanctions, rights, claims, remedies and other amounts against Contractor in accordance with the contract, and in accordance with other applicable law. Contractor understands that there may be constitutional and statutory limitations on DPS to enter into certain terms and conditions of the contract and that any such terms and conditions

Page 21 of 32 Template Approved 10/26/2023 will not be binding on DPS except to the extent authorized by the laws and constitution of the State of Texas.

I. Liquidated Damages may be assessed under this section in the amount of the per capita data breach cost for public sector (government) records as listed in the current Ponemon Institute Research Report Cost of Data Breach Study: United States. The number of affected records will be determined at the time of breach, with a not to exceed Liquidated Damages Cap of 100% of the total contract value.

The Ponemon Institute Research Report Cost of Data Breach Study: United States may be found at: http://www-03.ibm.com/security/data-breach/.

J. Contractor will not be responsible and liquidated damages may not be assessed due to a breach of system security caused entirely by someone other than Contractor, Contractor’s subcontractor, or Contractor’s agent. (This provision is not to be interpreted that Contractor is absolved of liability with any other sections pertaining to cyber security or data protection).

K. Any liquidated damages assessed under the Contract may, at DPS’s option, be deducted from any payments due Contractor. DPS has the right to offset any liquidated damages payable to DPS, as specified above, against any payments due to Contractor. If insufficient payments are available to offset such liquidated damages, then Contractor will pay to DPS any remaining liquidated damages within 15 days following receipt of written notice of the amount due.

http://www-03.ibm.com/security/data-breach/

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SECTION D—INSTRUCTIONS, CONDITIONS, AND NOTICES TO RESPONDENTS

D.1 RESPONSE PREPARATION INSTRUCTIONS

A. These instructions are designed to help ensure the Respondent submits all relevant information in its response

B. Responses must be prepared in accordance with these instructions providing all required information in the format specified.

C. Failure of a response to show compliance with these instructions and submit all documentation may be grounds for disqualification of the response from further consideration unless stated otherwise within this solicitation.

D. Responses must use a sans serif 12-point font (such as Arial or Calibri) on an 8-1/2” x 11” format (except for graphic information being requested). Respondent’s response must be paginated, contain a full table of contents, and have component sections clearly identified.

E. DPS must receive responses no later than the deadline established in this solicitation and submitted to the submission email listed on page 1.

F. Respondent must ensure that its response is clearly labeled.

G. Respondent must submit only material directly pertinent to the requirements of this solicitation. Extraneous narrative, elaborate brochures, uninformative public relations material, and other similar documents may not be submitted.

H. Respondent must submit all pertinent information directly within its response, information submitted as an internet link is considered non-responsive. Respondent must submit documentation or information within the response.

D.2 SOLICITATION ADDENDA

A. No later than the established solicitation deadline, Respondents must acknowledge receipt of all solicitation addenda by signing and returning the addenda, identifying the addenda number and date.

B. Respondent’s failure to timely acknowledge addenda may subject its response to rejection.

D.3 LATE SUBMISSIONS, CHANGES, AND WITHDRAWALS OF RESPONSES

A.…