ESBD_453818_1757961353599_SOL_PST_405 25R0016527_992.26 961.50.pdf

DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS

SOLICITATION NO.

405-25R0016527

TYPE OF SOLICITATION

NEGOTIATED - REQUEST FOR

QUALIFICATIONS (RFQ)

DATE ISSUED

09/15/2025 Lab DNA Outsourcing

Vendor must submit electronic responses no later than 5:00 P.M. Central Time on 10/15/2025 to the following address or via the DPS Online Bid Room.

DPS_Solicit_Response@dps.texas.gov Attention: 405-25R0016527

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:

Daniel Ashby, CTCM, CTCD Contract Administrator

PHONE: (512) 424-2086

E-MAIL: Daniel.Ashby@dps.texas.gov

RESPONSE (Respondent must fully complete)

DISCOUNT FOR PROMPT PAYMENT: 10 DAYS

20 DAYS

30 DAYS

___ DAYS

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.

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.

*FAILURE TO SIGN WILL DEEM THE RESPONSIVE NON-RESPONSIVE.

TERM, PRICING, AND FUNDING

The initial contract term commences on the effective date stated in the signing document, or purchase order and expires 5 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.

mailto:Daniel.Ashby@dps.texas.gov

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TABLE OF CONTENTS

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 MINIMUM REQUIREMENTS

C.3.1 Contractor Requirements

C.3.2 Service Requirements

C.4 COMPLAINTS AND NON-CONFORMANCE

C.5 TRANSITION

C.6 DPS PERSONNEL

C.7 LIQUIDATED DAMAGES

C.8 HISTORICALLY UNDERUTILIZED BUSINESSES (HUB) PARTICIPATION

C.9 INSURANCE REQUIRED UNDER THE CONTRACT

C.10 CRIMINAL HISTORY BACKGROUND CHECK

C.11 GENERAL CONFIDENTIALITY REQUIREMENTS

C.12 PERSONAL INFORMATION

SECTION D—INSTRUCTIONS, CONDITIONS, AND NOTICES TO RESPONDENTS ... 26

D.1 RESPONSE PREPARATION INSTRUCTIONS

D.2 SOLICITATION ADDENDA

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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 DEMONSTRATIONS

D.9 DISCUSSION AND CORRESPONDENCE

D.10 SUBMISSIONS SUBJECT TO THE TEXAS PUBLIC INFORMATION ACT

D.11 AGENCY POSTING OF CONTRACTS

D.12 ANTICIPATED SCHEDULE OF EVENTS

SECTION E—EVALUATION CRITERIA

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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.

“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.

“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 on 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. 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. Upon request, 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 Statements of Qualifications, 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

Page 6 of 37 Template Approved 5/26/2022 rather than audited financial statements, the Respondent must submit a statement, with appropriate supporting 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.

mailto:apinvoices@dps.texas.gov

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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.

B.4 MANDATORY PRICING SCHEDULE

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

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SECTION C - STATEMENT OF WORK

C.1 INTRODUCTION

DPS operates forensic crime laboratories throughout the state and DPS personnel in those laboratories examine evidence from criminal investigations for state and local law enforcement agencies, including short tandem repeat (STR) deoxyribonucleic acid (DNA) analysis. DPS’s crime laboratories receives more DNA evidence than it currently has the capacity to analyze, and a large backlog of cases has accumulated.

C.2 SCOPE

DPS seeks a qualified Contractor accredited by the Texas Forensic Science commission, with resources to test, report on, and provide court testimony, if necessary, for DNA evidence samples. DPS may include blind proficiency samples in evidence samples at any time as a quality assurance mechanism. DPS reserves the right to increase or decrease the number of DNA samples for analysis at any point during this Contract up to the maximum capacity of Contractor. DPS will send evidence samples to Contractor's laboratory in batch quantities mutually agreed upon by both parties. Once the samples are confirmed "received" with tracking numbers assigned to the delivery, Contractor must complete a forensic DNA analysis within 90 days from the date of Contractor's receipt of the evidence sample.

DPS estimates that each case contains an average of eight samples. Some samples will contain a mixture of DNA from more than one individual. DPS’s crime laboratories or Law Enforcement Agencies in Texas will directly send this evidence directly to the contracted laboratory.

Each completed case analysis must include a written laboratory report that meets International Organization for Standardization/International Electrotechnical Commission (ISO/IEC) 17025 requirements that is submitted directly to the respective law enforcement entity.

Contractor will submit all data of the forensic evidence DNA profiling to DPS for review and subsequent entry of the DNA profiles into the Combined DNA Index System (CODIS).

Contractor must be able to provide in-person or video teleconference court testimony for analyzed samples as requested by DPS.

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.3 MINIMUM REQUIREMENTS

C.3.1 Contractor Requirements

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A. Contractor must possess and maintain accreditation of the following and include proof of such accreditation in its response.

1. Use of the ISO/IEC 17025 standard; and

2. Accreditation by the Texas Forensic Science Commission (Commission) under 37

Tex. Admin. Code Chapter 651, Subchapter A throughout the life of the Contract.

Tex. Code of Crim. Proc. Ann. Art. 38.35 requires Commission accreditation of an individual laboratory or other entity for admission of evidence or testimony if Contractor's laboratory or entity conducts a forensic analysis of physical evidence for use in a criminal proceeding.

B. All analysts Contractor uses for work on this Contract must meet the requirements of the Commission to be licensed for forensic testing in Texas under 37 Tex. Admin.

Code Chapter 651. If not licensed by the Commission, each analyst must be able to obtain a waiver if required to testify under this Contract.

C. With its response, Respondent must provide:

1. Casework authorizations for personnel Contractor proposes to work on the project;

2. Proficiency testing or competency testing results for the two most recent years for personnel Contractor proposes to work on the contract;

3. Standard Operating Procedures (SOPs);

a. Forensic Biology or Male screening procedures;

b. DNA Analysis procedures including mixture interpretation guidelines.

4. Validations of equipment and methods for any equipment Contractor proposes to use on the Contract;

5. Calibrations and QC Logs (Balances/Reagents, Standards);

6. The response must provide testimony evaluations of the last two years for any personnel proposed to work on this project;

7. Accreditation certificates;

a. Applicable licensing documentation and requirements;

b. Disclosure forms; and

c. Respondent’s accreditation standards.

8. Analyst résumés outlining completed training, along with the length of time the analyst has been performing forensic DNA analysis. Résumés for newly hired analysts expected to work on this Contract must be forwarded to DPS’s Contract Monitor within 14 days of hire. Any changes to the list of analysts assigned to this Contract must be submitted to the Contract Monitor before assignment.

D. On-Site Assessment:

DPS may conduct an on-site assessment of respondent for the following either prior to or post award:

a. Lab tour and security;

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b. Evidence intake;

c. Training and Statements of Qualifications (SOQs), including training samples for analysis and reporting;

d. Instrumentation (maintenance); and

e. Analyst interviews and general knowledge; and

f. Safety/PPE (personal protective equipment).

All costs associated with Respondent’s participation in the on-site assessment are Respondent’s responsibility.

E. Upon DPS request, Contractor must provide:

1. Proficiency test results as obtained for the analyses specified within this Contract;

or

2. Updated audit reports in writing including any remediation responses or corrective action plans, for the duration of this Contract.

F. Contractor must comply with statutory confidentiality provisions related to all case and evidence information.

G. Contractor must acknowledge that the results of a DNA analysis and the comparison of analytical results are made confidential by law and will treat such information with due care to prevent improper disclosure. Contractor must not use forensic DNA evidence samples and/or analytical results of those samples for purposes other than those expressly allowed under this Contract.

H. Contractor must protect the confidentiality of all records and other materials that are maintained in accordance with this Contract. Contractor must have written policies governing access to, duplication and dissemination of all such information.

Contractor 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 years beyond termination of this Contract. Any use, sale, or offering of these data in any form by Contractor, its employees or assignees, except by valid subpoena or court order for testimony or discovery purposes, will be considered in violation of this Contract.

C.3.2 Service Requirements

1. Contractor must provide a draft Service Plan that details how Respondent will provide and implement the requirements of this solicitation. The draft Service Plan must include:

a. A description of Respondent’s organization;

b. A breakdown and detailed description of how the testing, analysis, and reporting services requested will be accomplished;

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c. Expected dependencies that exist for providing the testing, analysis, and reporting services;

d. A time to completion schedule and detailed work plan methodology for the testing, analysis, and reporting services;

e. Provide an estimated volume of samples that can be processed for each month during the initial term (12 months) of the Contract;

f. Delegation of duties within Respondent’s organization for each party that will participate in testing, analysis, and reporting;

g. Information regarding evidence sample chain of custody, along with standard project management components such as a risk management plan and a change management plan; and

h. Any dependencies, caveats, or risks associated with the schedule.

2. Contractor must process and analyze forensic DNA casework samples. Upon request, Contractor must provide DPS with a copy of the protocols used by its laboratory for the processing and analysis of forensic DNA samples.

3. Each analyst performing DNA analyses at the laboratory must undergo, at regular intervals not exceeding 180 days, proficiency testing by a proficiency testing program that meets the standards issued under section 210302 of the DNA Identification Act of 1994

4. If the evidence samples are worked in batches, Contractor must only include DPS evidence samples in a batch.

5. Short Tandem Repeat (STR) data must be generated for the 20 Combined DNA Index System (CODIS) required loci and Amelogenin using the Qiagen Investigator 24plex Quality Sensor (QS) kit. DPS will not consider the analysis of an evidentiary specimen as complete until Contractor has attempted genotypes for all 20 loci and Amelogenin.

a. 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 DPS for the deliverables provided under this Contract.

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

b. Contractor must provide entry, upon request, to DPS, the Public Safety Commission, the Texas Forensic Science Commission, or any authorized employee/agent for inspections and other official purposes. The Governor, members of the legislature and all other members of the executive and judicial departments of the State, as well as any other persons designated by DPS, including Office of the Inspector General, must be admitted to monitor the delivery of deliverables. Such a visit would be scheduled in advance with Contractor.

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6. Known standards may be included with the evidence in some cases. Known standards from the victim and any suspects must be analyzed. Contractor is authorized to consume the entire known standard that is provided, if necessary, to produce a full profile. These standards must be run using the same level of quality and accuracy as the questioned samples. Suspect known data/profiles must be submitted to DPS for possible entry into

CODIS.

7. Contractor must analyze and provide a court-ready, written laboratory report to the submitting agency and DPS within 90 days of acceptance of the forensic DNA case. Criteria for testing, evaluation of data, and reporting will be equivalent to or exceed the standards included in the DPS's SOPs as well as the Division Manual and will comply with the FBI’s Quality Assurance Standards for Forensic DNA Testing Laboratories.

8. The laboratory report must include:

a. the name and address of Contractor's laboratory;

b. DPS's laboratory case number;

c. name and address of the submitting officer;

d. submitting agency's case number, if available;

e. submission date and manner of submission to Contractor;

f. the date the report was printed;

g. the date of the offense

h. the names of suspects and victims;

i. listing of submitted evidence samples;

j. results of analysis;

k. disposition of evidence samples; and

l. name with signature of personnel needed to satisfy accreditation requirements.

9. Analyses of forensic DNA samples must undergo a 100 percent technical review by a second qualified analyst using the technical review protocol developed by Contractor and approved by DPS.

10. Contractor will supply all equipment and materials necessary to process and analyze

DPS's evidence samples.

11. Contractor must validate all procedures and critical equipment prior to its use in the analysis of the evidence samples. Contractor must keep details and results of Contractor’s process validation studies on file and make available to DPS upon request.

12. All procedures must comply with the most current version of the National DNA Index

System (NDIS) DNA Data Acceptance Standards. Details and results of Contractor’s process validation studies must be kept on file by Contractor. Upon DPS request, Contractor must provide documentation that demonstrates it has carried out appropriate and adequate validation of its analytical procedures and data interpretation protocols.

https://txdpslabs.qualtraxcloud.com/ShowDocument.aspx?ID=67475 https://a2la.org/2025-fbi-quality-assurance-standards/ https://a2la.org/2025-fbi-quality-assurance-standards/

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13. Contractor is authorized to use the entire sample sent to Contractor if necessary to get a full profile. If Contractor uses a portion of the questioned sample provided, and obtains a partial DNA profile, Contractor must re-amplify and/or re-extract and analyze the remainder of the sample at no additional cost to DPS.

14. Contractor must document chain of custody for evidence to include sample receipt by, date, and time at Contractor, as well as processing and returning evidence samples back to the appropriate submitting agency as identified by DPS. Any exchange of evidence samples between laboratory personnel will require a written or electronic transfer record. Final verification of the chain of custody by DPS is required.

Contractor must maintain documentation of chain of custody and make available to DPS upon request.

15. Contractor must protect the confidentiality of all records and physical materials that are maintained in accordance with this Contract. Contractor must have written policies governing access to, duplication, and dissemination of all such information. Any use, sale, or offering of these data in any form by Contractor, their employees or assignees, except by valid subpoena or court order for testimony or discovery purposes, will be considered in violation of this Contract.

16. Contractor will provide any necessary court testimony related services by the analyst taking responsibility for the laboratory report in subsequent legal actions, if, when, and how needed, as requested in writing by DPS. Contractor must arrange for travel and for providing expert testimony at the location and time needed. Contractor will provide the necessary court testimony related services in subsequent legal actions even after the termination of this Contract, as long as the forensic DNA analysis was performed by Contractor during the term of this Contract.

17. Contractor will return all remaining evidence samples and packaging to the appropriate submitting agency as identified by DPS crime laboratory within 30 days after the court ready written report is issued. DPS typically will not receive evidence back from the contractor. Contractor will pay for all costs incurred in this process. Contractor’s mode of transportation must be approved by the submitting agency and must provide proper conditions to protect the integrity of the evidence sample, ensure the chain of custody remains intact, and assure prompt delivery. Contractor must guarantee the ability to track all shipments.

18. For each evidence sample submitted, Contractor must provide a court ready written laboratory report to DPS and the submitting agency as identified by DPS. Contractor must return the remaining physical evidence to the submitting agency within 30 days of testing and reporting completion and acceptance by DPS.

19. Contractor must perform the requested forensic DNA analysis to satisfy or exceed current guidelines by FBI’s Quality Assurance Standards for Forensic DNA Testing Laboratories.

https://www.fbi.gov/file-repository/quality-assurance-standards-for-forensic-dna-testing-laboratories.pdf/view https://www.fbi.gov/file-repository/quality-assurance-standards-for-forensic-dna-testing-laboratories.pdf/view

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20. Contractor must process and analyze all evidence samples in a secure, dedicated laboratory and in accordance with standards of its accrediting body.

21. For sample analysis and interpretation:

a. All samples from submitted Sexual Assault Kits, including clothing, must be examined using methods listed in b or c below.

b. Male DNA must be confirmed either through a manual (microscopic) procedure as indicated below or through a male-screening process. If Contractor proposes to use a male-screening process, it must require review and approval by DPS prior to being used on casework.

c. If not using male screening, semen must be confirmed on at least one item through microscopic identification of spermatozoa at a minimum of 400x. Once semen is confirmed, it is not necessary to examine other submitted items unless circumstances dictate the need for additional analysis (e.g., multiple assailants or blood).

i. If semen has not yet been confirmed, orifice swabs must be tested for acid phosphatase at a minimum and orifice slides must be stained and microscopically examined unless a slide is made directly from the orifice swabs.

ii. If an orifice swab has accompanying slides and the AP exam on the swab and sperm search from the swab or corresponding slides are both negative, an appropriate conclusion is no semen detected.

iii. If necessary, examination of the victim’s panties and/or pants must include a qualitative acid phosphatase test of the crotch area.

iv. When both presumptive tests (AP/P30) for semen are positive, but spermatozoa are not detected to confirm the presence of semen, DNA should be attempted on case- appropriate samples. If no semen is detected on the orifice swabs and body swabs have been submitted in the sexual assault evidence collection kit, the appropriate body swabs must be tested for DNA foreign to the victim.

22. An extraction must be conducted on appropriate unknown samples and must be followed by a clean-up step. The extraction and clean-up methods used must be approved by DPS prior to beginning casework. Approval must require demonstration of method validation to include sensitivity tests. Reagent blanks will be processed with each set of extractions.

23. A differential extraction must be performed on appropriate samples that contain spermatozoa and on samples determined to contain male DNA through a male screening method if the case scenario indicates that the male DNA may originate from semen. STR analysis must be performed on both the sperm and non-sperm fractions if traditional screening methods (i.e. AP, microscopy, PSA) are used. If male screening is used, STR analysis must be performed on samples found to contain sufficient male DNA quantities as compared to threshold established by Contractor through validation studies.

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24. Questioned samples and, for most cases, one known victim standard must be run using the approved STR kit on the ABI 3100 or 3500 series analyzers for each case with Data Collection Software that produces data that is compatible with GeneMapper IDX v 1.6 or equivalent. Each run (defined as a series of samples analyzed as a single set on the capillary electrophoresis (CE) instrument must include ladders, a positive amplification control, a negative amplification control and appropriate extraction blanks. Capillary arrays with over 999 injections must not be used. Contractor must save any amplified DNA until authorization is received from DPS to discard these samples.

25. For sexual assault kits, enough questioned samples must be run for each case to generate a profile eligible for entry into the CODIS database (at least 7 loci from the original core, D2S1338, and D19S433 but not including Amelogenin) OR until all questioned samples from the kit have been worked without any additional request from DPS for this additional work.

26. Questioned and known samples must be extracted in batches separated by space or time. Extraction batches must only be composed of DPS evidence and must not contain evidence from other agencies.

27. Questioned and known samples may be quantified, amplified, and subjected to electrophoresis on the CE together. Only cases containing DPS evidence must be quantified, amplified, and subjected to electrophoresis on the CE together.

28. All data must be analyzed initially at an analytical threshold that has been validated by the laboratory. For any given locus, the minimum analytical threshold for evaluating STR profiles must be previously established. If the minimum analytical threshold provides unsuitable data, the analyst may choose other validated methods to provide usable data.

29. If the saturation point of the Charge-Coupled Device (CCD) camera is exceeded at any locus

(excluding Amelogenin), the sample must be re-injected to obtain data that falls within the validated guidelines. The analyst may choose the methods validated by the laboratory and approved by DPS.

30. Each ladder used for analysis must have the appropriate number of alleles present for each locus when analyzed and all peaks must be correctly labeled.

31. An appropriate positive control DNA must be used as the positive amplification human

DNA control for each STR kit. All positive control DNA peaks must be correctly labeled and identified at the same analytical threshold that is utilized to analyze samples.

32. All negative amplification blanks and extraction blanks must meet appropriate acceptance criteria as validated by Contractor.

33. If unexpected DNA results are obtained (e.g. significant sperm present and no male profile in sperm fraction), troubleshooting (by Contractor) must be required prior to

Page 16 of 37 Template Approved 5/26/2022 returning of DNA data and evidence. If sample remains, Contractor must re-analyze the sample. If, based on troubleshooting, it is determined that Contractor extracted an insufficient quantity or encountered an analytical problem that resulted in the inability to obtain a DNA profile, testing on any additional sample obtained from the Submitting Agency must be performed at no additional cost to DPS.

33. All variant alleles, both virtual and off-ladder, must be re-injected (by Contractor at no cost to DPS) for confirmation purposes. Data from both injections must be sent to DPS.

34. Contractor must compare any unidentified DNA profile to other profiles obtained from samples extracted and/or processed with that item. Additionally, any unidentified DNA profile must be checked against all of Contractor’s employees’ profiles. This information must be documented and made available to DPS upon request.

35. All DNA cases must be reviewed based on DPS’s review criteria (review criteria will be provided upon Contract execution). Contractor must provide DPS with PC-compatible instrument data collection files and GeneMapper ID-XTM data via a secure format as well as paperwork depicting run dates and controls that are associated with each batch. The data must include the injections needed to draw conclusions as well as all of the associated controls, stutter filters, and analysis methods used. Data must be organized so that all samples and controls run together as a batch are provided in a single folder. A list must be provided to DPS that indicates which cases were run in the batch and the names of all the CE runs were the associated case data can be located.

36. Analysis of Profiles – All evidentiary profiles will be analyzed using probabilistic genotyping software in order to differentiate alleles and to determine the significance that will be attributed to the profile(s). The STRmixTM probabilistic genotyping program must be used for this purpose.

37. All DNA findings, both negative and positive, must be documented in a report format specified by DPS.

38. Contractor must provide a “case file” (electronic, hardcopy, or both as required by DPS) for each DNA case submitted which must consist of the following:

a. All serology paperwork and testing results (both presumptive and confirmatory).

b. Any DPS required paperwork.

c. All technical worksheets reflecting samples for the particular case (extraction/quantitation/amplification/CE set-up).

d. GeneMapper ID-XTM project list for each sample and raw data files for each sample.

e. Electropherograms (all colors) from GeneMapper ID-XTM for the ladder, positive amplification control, negative amplification control, and all samples and extraction blanks for that case. Only those electropherograms used in the final interpretation are required to be in the case folder. Documentation must be made as to why an injection was not used.

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I. Electropherograms for any negative controls or reagent blanks must be printed with the Y-axis zoomed in to at least 50 RFU for all dye channels.

f. GeneMapper ID-XTM electropherograms for both injections of variant and off-ladder alleles.

g. The .pdf output files from STRmix.

h. Chain of custody record.

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

j. Documentation on a technical review checklist that the profile comparison tool in the

DNA analysis software was used. All samples extracted on the same plate and all samples amplified on the same plate must be included in the same project to the extent that these samples are provided to the laboratory. This may necessitate creation of a project and/or run folder containing samples from multiple runs that is used specifically for the purpose of running the profile comparison tool. All “OL” designations must be removed from the electropherograms prior to running the tool.

k. A court-ready written report that complies with Standard 11.2 of the FBI’s Quality Assurance Standards for Forensic DNA Testing Laboratories.

39. Copies of written reports must include results and interpretation of the analysis as issued to the Submitting Agency and a chart of sample genotypes.

40. Any quality control or quality assurance data, if not archived at Contractor’s location, must be provided to DPS.

41. STR analyses of forensic DNA specimens must undergo a 100% technical review by a second qualified analyst, using the technical review protocol developed by Contractor.

This protocol must be submitted to and approved by DPS prior to beginning casework.

42. Contractor must return all remaining case evidence and packaging to the Submitting

Agency. Contractor 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 the Submitting Agency.

43. Any remaining DNA extracts, reagent blanks, and evidence samples/cuttings tested for

DNA must be lyophilized (dried) and must be returned to DPS along with the evidence samples/cuttings upon completion of the analysis of the case. Extracts must be stored in such a way that each customer lab is separate as DPS will only accept DPS extracts.

44. Contractor must notify DPS of any changes in interpretation guidelines that may result in a mixture profile changing from interpretable to uninterpretable. This requirement is indefinite and extends beyond the end of the contract period. Contractor must notify DPS of any problems in testing immediately upon discovery. Contractor must also maintain a contamination log and make that available upon request.

https://www.fbi.gov/file-repository/quality-assurance-standards-for-forensic-dna-testing-laboratories.pdf/view https://www.fbi.gov/file-repository/quality-assurance-standards-for-forensic-dna-testing-laboratories.pdf/view

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45. Additional evidence submitted in these cases will be examined to the extent necessary for each case. Additional reference samples will be extracted and compared to any previously obtained profiles from the initial submission. Any additional questioned samples will be processed as needed if previous analysis did not provide any CODIS eligible or comparable profiles. The additionally developed profiles will be compared to any reference samples in each case.

46. Reference samples generated from CODIS hits may be submitted for analysis past the contract completion date. The contractor will process the reference samples and make comparisons to previously reported evidentiary samples under the requirements of the contract in place during the original processing of the case.

C.4 COMPLAINTS AND NON-CONFORMANCE

DPS will ensure that instances of complaints and non-conformance are documented and processed according to Contractor’s laboratory policies and the DPS Laboratory Customer Handbook, Chapter 10- General Laboratory Information, Section 10.8, Customer Feedback, Complaints and Communications. DPS will evaluate the nature of the complaints and instances of non-conformance to determine if systemic or perpetually unresolved issues exist.

C.5 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 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.6 DPS PERSONNEL

C.6.1 DPS’s Contract Administrator

A. The Contract Administrator for administration of the Contract is Daniel Ashby.

B. The telephone number for the Contract Administrator is 512-424-2086.

C. The email address is Daniel.Ashby@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.

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C.6.2 DPS’s Contract Monitor

A. The Contract Monitor for the Contract is Rose Marie Kocurek.

B. The telephone number for the Contract Monitor is 512-424-5871.

C. The email address is RoseMarie.Kocurek@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 outside of contractual authority. In milestone-based contracts, the Contract Monitor is authorized by DPS to issue a Notice to Proceed to the Contractor signifying that the period of performance is to begin.

C.7 LIQUIDATED DAMAGES

A. A. DPS reserves the right to assess liquidated damages at an amount up to $100 per case, per day for each business day Contractor fails to meet the 90-day sample processing and reporting timeline. The parties acknowledge that the harm that will be caused to DPS by such a delay is difficult to estimate; however, the amount of liquidated damages listed in this Contract is a reasonable estimate and is enforceable.

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 Project Team 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.

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.8 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.

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B. Contractor 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. Vendor 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 considered non-responsive if the agency forms are not completed in full or are missing from Respondent’s original response.

D. Vendor must provide notice to all subcontractors 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.9 INSURANCE REQUIRED UNDER THE CONTRACT

Unless otherwise specified in this Contract, DPS’s Standard Terms and Conditions or any other exhibit or attachment, Contractor will acquire and maintain, for the duration of this Contract, insurance coverage necessary to ensure this Contract’s proper performance and cover any potential liabilities with financially sound and reputable insurers licensed by the Texas Department of Insurance, in the type and amount customarily carried within the industry or as determined by DPS. Contractor will provide evidence of insurance upon request by DPS.

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.

C.10 CRIMINAL HISTORY BACKGROUND CHECK

A. Contractor’s project personnel 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.

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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:

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.

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.11 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 or should have known of such unauthorized release.

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C. Contractor must notify affected parties in writing of any unauthorized release of confidential information within two business days of when Contractor knows or should have known 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.

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.

I. The FBI and DPS have…