PO25-390 Mobile Fingerprint Scanners and Software Invitation for Bid~3.docx

Department of Children and Family Services Contract PO25-390 Mobile Fingerprinting Scanners and Software

25-418DCFS-PROCU-P-

The Parties to this contract are the State of Illinois acting through the undersigned Agency (collectively the State) and the Vendor. This contract, consisting of the signature page and numbered sections listed below and any attachments referenced in this contract, constitute the entire contract between the Parties concerning the subject matter of the contract, and in signing the contract, the Vendor affirms that the Certifications and Financial Disclosures and Conflicts of Interest attached hereto are true and accurate as of the date of the Vendor’s execution of the contract. This contract supersedes all prior proposals, contracts and understandings between the Parties concerning the subject matter of the contract. This contract can be signed in multiple counterparts upon agreement of the Parties.

1. SCOPE OF WORK

1.1. OVERVIEW AND PURPOSE:

This solicitation is issued by Illinois Department of Children and Family Services (DCFS) in cooperation and agreement with the Chief Procurement Officer for General Services. The purpose of this solicitation is to establish a contract to enable DCFS, Child Welfare Contributing Agencies (CWCA) and Illinois Department of Early Childhood (IDEC) to purchase supplies, or services on an as needed basis during the contract period. Vendor agrees to extend all terms and conditions, specifications, and pricing or discounts specified in the resulting contract for the items in the resulting contract to DCFS, CWCAs, and IDEC.

The supplies or services subject to the resulting contract shall be distributed or rendered directly to Illinois Department of Children and Family Services and Illinois Department of Early Childhood and their business and technical stakeholders (hereinafter the State and Child Welfare Contributing Agencies). Vendor shall invoice DCFS, CWCAs, and IDEC separately for its actual share of the costs of the supplies or services purchased. The credit or liability of DCFS, CWCAs, and IDEC shall remain separate and distinct. Dispute between vendors DCFS, CWCAs, and IDEC shall be resolved between the affected parties.

DCFS request bids from responsible bidders to provide all-in-one electronic fingerprint capture/control software and mobile fingerprint scanners including a photo capture module (collectively called the “Biometric Solution”) to allow for the electronic processing of fingerprints. The Invitation for Bid (IFB) is issued by DCFS; however, both agencies are involved in the operation and the awarded vendor will work directly with DCFS and IDEC, following established protocols.

Fingerprints are part of the background check requirements for all employees and contractors of State Lead Agencies and all licensed, regulated, and registered childcare providers pursuant to the Child Care and Development Block Grant Act (2014). Additionally, the Adam Walsh Child Protection and Safety Act (Public Law 109-248) requires the U.S. Attorney General to ensure access to FBI national criminal history record information by governmental social service agencies with child protection responsibilities and child welfare agencies. Private entities were long prohibited by federal law from receiving criminal history information, but access is now possible due to the Adam Walsh Act (P.A. 109-248).

Pursuant to Federal law, Title IV-E of the Social Security Act 42 U.S.C. 671(a)(20) and Illinois Statute and Rules, 89 Ill. Adm. Code §385.20, §402.28, and §302.410, criminal records checks, including fingerprint-based checks of national crime information databases, for any prospective foster or adoptive parent are required prior to approving the placement of a child. Additionally, criminal records checks, including fingerprint-based checks of national crime information databases, on any relative guardian and any other adult living in the home of a relative guardian, are required before the relative guardian may receive kinship guardianship assistance payments on behalf of the child.

The Department of Children and Family Services (DCFS) seeks a sustainable method for mobile fingerprinting equipment with new devices on a leased basis. As part of its Background Checks for Prospective Foster, Adoptive, and Kinship Caregivers Program, DCFS, its partner social service organizations and other purposes as they arise will electronically capture and transmit fingerprints and photos to the Illinois State Police (ISP) and Federal Bureau of Investigation (FBI) to complete the background check process..

To improve the relative licensure rate, the Department intends to provide DCFS licensing staff the ability to obtain the fingerprints at DCFS field offices Statewide, and if needed during home inspections, which will increase the timeliness of the licensing process and alleviate the burden on the families seeking to provide a home to the child.

Bidders and their product must be certified by the Federal Bureau of Investigation (FBI) as a LiveScan system prior to bid opening. A copy of the Bidder’s FBI Biospecs certification letter must be attached in BidBuy with the Bidder’s bid. FBI LiveScan Information: https://fbibiospecs.fbi.gov/certifications-1/cpl

Bidders and their product must be certified by the Illinois State Police (ISP) LiveScan requirements prior to bid opening. A copy of the Bidder’s ISP certification letter must be attached in BidBuy with the Bidder’s bid. ISP LiveScan Information: https://isp.illinois.gov/BureauOfIdentification/LSDocs

Bidders not certified by the FBI and ISP as required at the time of bid opening may be deemed non-responsive.

1.2. SUPPLIES AND/OR SERVICES REQUIRED:

1.2.1. Mobile Fingerprinting Scanners

1.2.1.1. The Vendor must provide an all-in-one electronic fingerprint capture/control software and mobile fingerprint scanners including a photo capture module (collectively called the “Biometric Solution”) to allow for the electronic processing of fingerprints. This must include all components needed – hardware, software and algorithm – to be integrated out of the box, with minimal effort or pre-existing experience required. The biometric system must bring new, enhanced levels of security and authentication to whatever device or application it is paired with, without impacting the host system’s performance and Ultra-low power consumption capabilities and unique features must also contribute to ensuring a smooth and seamless integration and end-user experience.

1.2.1.2. The Vendor’s Fingerprint Solution must be certified by the FBI as a Live Scan system for the duration of this Contract.

1.2.1.3. The Vendor’s Fingerprint Solution must be certified by the ISP Live Scan requirements for the duration of this Contract.

1.2.1.4. The Vendor’s Fingerprint Solution must be able to successfully transmit the fingerprints in compliance with The American National Standard for Information Systems - Data Format for the Interchange of Fingerprint Information (ANSI/NIST-ITL 1-2011) standards to the FBI and the ISP for the duration of this Contract.

1.2.1.5. The Vendor’s Fingerprint Solution must provide image capture of rolled fingerprints of at least 500ppi.

1.2.1.6. The Vendor’s Fingerprint Solution shall provide on-screen verification of successful and non-successful fingerprint capture.

1.2.1.7. The Vendor’s Fingerprint Solution shall provide a picture of the candidate on results to ensure it is the candidate.

1.2.1.8. The Vendor’s Fingerprint Solution shall attach a lifetime unique ID to each submission and provide via a securely shared electronic file adhering to the Department of Innovation and Technology’s (DoIT) terms and conditions that includes the unique ID and other directory details (eg. Name, DOB) verification to DCFS/IDEC of successful and non-successful fingerprint electronic transmission to the FBI and ISP within 2 hours.

1.2.1.9. The Vendor’s Fingerprint Solution shall be a portable device to be connected with or without a wire to a State-owned laptop or mobile device or in the form of a large case that also houses a fingerprint scanner. This portable fingerprint identity must be a robust and rugged device that can bear abuse and rough handling. The device must be waterproof, dust proof and cleared military grade environmental testing for temperature, pressure and other extreme conditions. The device shall have communication ability including 5G LTE, WiFi, and Bluetooth.

1.2.2. Software Specifications

1.2.2.1. Vendor must provide a secure Software as a Solution (SaaS) for storage and retrieval of information for DCFS/IDEC and CWCAs.

1.2.2.2. The Vendor must provide secure storage of fingerprint images on their server and retain all submitted records and transfer data to a new vendor and/or the State if the next procurement solicitation is not awarded to the incumbent for a period of 10 years after the term date of the contract.

1.2.2.3. The Vendor shall provide DCFS and IDEC an opportunity to build a backend Application Programming Interface (API) or at least the functionality to run automated reports as well as queries on the records. Some of the possible data field options may include but not be limited to: Unique ID, Requesting Agency Code, Applicant Name (Last, First, Middle Initial, Jr./Sr.), Date of Birth, Sex Social Security Number, Incident ID/Tracking Number, Processed Date, Applicant Fingerprinted Date Transmitted Qualified Entity ORI Number, successful and non-successful, and non-qualifying reasons.

1.2.2.4. The Vendor must maintain the software to include fixing defects, application software, tools, capabilities, and databases for the software applications, backend integrations with agency databases (e.g. APIs), and related functionality in support of the user community.

1.2.2.5. Vendor must provide an all-in-one turn-key solution which is a comprehensive solution where the vendor manages the entire process from design to completion, delivering a fully operational solution.

1.2.2.6. Vendor must store data in a non-proprietary, readily accessible format, or vendor must provide a solution, at no additional cost to the State of Illinois, to extract any State of Illinois data stored in Vendor’s solution and provide the data in a format of the State’s choosing.

1.2.2.7. The Fingerprint System shall interface with the ISP Fingerprint Identification System called Automatic Biometric Information System (ABIS) and continue to interface for the duration of the contracted term. This shall include the capability to download applicable demographic information for client validation provided by the Online Criminal Background Check System and referenced by a Transaction Control Number (TCN).

1.2.2.8. The Vendor shall ensure that the Fingerprint Solution and all sub-components (equipment, hardware, software,) receive regular updates, tech refreshes, diagnoses, and repairs to remain compliant for non-security related changes within thirty (30) days of release.

1.2.2.9. The Vendor shall ensure that the Fingerprint Solution and all sub-components (equipment, hardware, software, etc.) receive any security related updates within seventy-two (72) hours of official release.

The Vendor must implement the Vendor’s Fingerprint Solution for use as part of the following background check processes: Temporary Custody order, Employment Verification and other processes within 5 business days of notification.

1.2.2.10. End user or agency representative requests a background check.

1.2.2.11. End user or agency representative completes the appropriate DCFS CFS-718 Authorization for Background Check Form or appropriate IDEC form.

1.2.2.12. End user or agency representative then checks the DCFS/IDEC website for DCFS/IDEC administrative office locations where the Fingerprint Solutions have been deployed and schedules an appointment for fingerprint and photo capture.

1.2.2.13. End user arrives at the DCFS/IDEC office location at the scheduled date and time and validates their identity to the DCFS/IDEC operator.

1.2.2.14. DCFS/IDEC operator captures the end user’s fingerprints and photo.

1.2.2.15. Once capture is completed, the Vendor’s Fingerprint Solution shall electronically deliver fingerprints and photo to the ISP ABIS.

1.2.2.16. Results are delivered back electronically via a secure system to the DCFS or IDEC location that initiated the request.

1.2.2.17. The Fingerprint Solutions must be portable per section 1.2.1.9. and shall be capable of being put into operation at any DCFS or IDEC location, including but not limited to those DCFS locations listed below. IDEC offices will be statewide and exact locations of the IDEC offices will be identified at a later date.

1.2.3. Upon request by DCFS/IDEC made within sixty (60) days of the date of termination, the Vendor will make available to DCFS/IDEC or newly awarded vendor for a complete and secure (i.e. encrypted and appropriated authenticated) download file of data in a format including all schema and transformation definitions and/or delimited text files with documented, detailed schema definitions along with attachments in their native format. Vendor will be available throughout this period to answer questions about data schema, transformations, and other elements required to fully understand and utilize the data file.

1.2.4. The State of Illinois shall own the rights to all data/records produced as part of this contract.

1.2.5. Cloud based Data Management System

• Internal and External Sharing

• Make confidential or restrict access

• Digital Evidence Redaction

• Purging/Permanent Retention

• Account Administration

• System Reporting including access to raw data for custom reporting capability

1.3. MILESTONES AND DELIVERABLES:

1.3.1. The Vendor shall submit, for DCFS/IDEC approval, the following deliverables each month no later than the fifteenth (15th) day of the month:

1.3.1.1. Billing Report – this report shall provide monthly billing and usage reports for the previous month, including, without limitation, originating agency identification number, division, user, volume, and any other usage or billing data requested by DCFS or IDEC.

1.3.1.2. Monthly Status Report – this report shall provide status information for the previous month, including, without limitation, uptime information, support calls/tickets with resolution time and detail, planned and approved outage information, any security incident detail, and any other change details that can affect the normal operation of the fingerprint solution.

1.3.1.3. Uptime information will include number of devices available for use by location, number of unavailable at a location, length of time to replace/repair devices.

1.3.1.4. Report of monthly totals of negative and positive report tracking.

1.3.1.5. Any other reports which include available data at the request of DCFS or IDEC shall be provided within seven (7) calendar days of the request.

1.3.2. The Vendor shall submit, for DCFS/IDEC approval, the following electronically within thirty (30) days of contract execution and each year or more frequently when there is an update and other changes in hardware, software, and other equipment.

1.3.2.1. Training Manual – this manual shall provide instructions to a new/existing user on how to process a fingerprint and photo capture along with a FAQ. This shall be an end-to-end guide on how a user shall operate the machine and any additional support functions the user may need to provide and shall include labeled screen shots.

1.3.2.2. Troubleshooting Guide – this document shall provide documentation for user action in the event of an issue with the fingerprint solution.

1.3.2.3. Web-based Training Module – this resource must provide comprehensive web-based training to DCFS/IDEC staff on how to operate the machine and any additional support functions the user may need to provide. DCFS/IDEC reserves the right to request a live or on-demand training.

1.3.2.4. Vendor must provide live or on-demand or virtual training upon request by the ordering entity within 10 business days during implementation when the mobile fingerprint scanners have been shipped to the end user.

1.3.2.5. End user train the trainer sessions teaching the vendor’s software use, including use with the Agencies scanners and laptops or tablets. Minimum two (2), in-person classes are required immediately following implementation to support Agency go-live. Additional trainings may be requested by the Agency at a later date. Potential locations for the training, include Chicago, IL and Springfield IL at a DCFS facility.

1.3.2.6. Vendor must develop and supply an end user training module (PowerPoint or video). Subject to agency approval, vendor shall design a training module covering all aspects of the use of the software including scanner to laptop or tablet interface, and all software functionality for the end users.

1.3.2.7. As updates are rolled out, vendor shall update the training to ensure it contains the most updated information on system functionality for the life of this contract.

1.3.2.8. Testing: Vendor must test and certify with ISP to ensure transmission is accepted by ISP. All other system functionality shall be tested by the vendor and approved by DCFS/IDEC prior to acceptance. This will be a one-time service.

1.3.2.9. Recommendations Report – this report shall allow the Vendor to provide recommendations to DCFS/IDEC on how to make the Fingerprint Solution operate more efficiently and or effectively.

1.3.3. The Vendor shall assist the purchaser in reaching a solution in a dispute over any warranty’s terms with the manufacturer.

1.3.4. The Vendor shall warrant that all products/equipment and related services furnished hereunder will be free from liens and encumbrances; defects in design, materials, and workmanship; and will conform in all respects to the terms of this Contract including any specifications or standards. In addition, Vendor shall warrant the products/equipment and related services are suitable for and will perform in accordance with the ordinary use for which they are intended.

1.3.5. The following Service Level Agreement (SLA) measurements shall be used to measure the performance of services provided by the Vendor to the Agency.

· SLA is deemed to be met if the initial report is sent within 5 business days of issue identification with the information available at that time.

· If all information is not available with the initial report, a final report will be provided within 5 business days of issue resolution.

· The date of issue identification is not included in the 5 business days.

1.4. VENDOR/STAFF SPECIFICATIONS:

1.4.1. Bids will only be accepted from established manufacturers or their authorized dealers. Any dealer submitting a bid hereby guarantees that it is an authorized dealer of the manufacturer, and that the manufacturer has agreed to supply the dealer with all quantities of products required by the dealer in fulfillment of its obligations under any resultant contract with the State. Upon request, bidder must submit proof of being an authorized dealer.

1.4.2. Vendors and their product must be certified by the FBI as a LiveScan system prior to bid opening. A copy of vendor’s FBI Biospecs certification letter must accompany vendor’s bid. Vendors must have demonstrated product capability with the ISP LiveScan requirements and be listed on the ISP website as a LiveScan system service provider. A copy of vendor’s ISP certification letter must accompany vendor’s bid. Vendors not certified by any of the preceding entities as required at the time of bid opening will be found non-responsive and their bids will be rejected.

1.4.3. Vendor must have 2 years’ experience with mobile fingerprinting device leasing programs.

1.4.4. Vendor must have 2 years’ experience with large public-sector organizations in providing all-in-one electronic fingerprint capture/control software and mobile fingerprint scanners including a photo capture module (collectively called the “Biometric Solution”) to allow for the electronic processing of fingerprints.

1.4.5. Vendor must be capable of hosting, operating and developing mobile fingerprint scanners and software to process leasing orders to provide the equipment to the lessee throughout the lease agreement and term of the contract.

1.4.6. Vendor must provide a customer service representative/account coordinator (or appropriate title) assigned to the resulting contract to accommodate the daily administrative, operational aspects, invoicing, resolution of issues and processes.

1.4.7. Vendor must have 2 years’ experience of all applicable industry standard laws and regulations for services of this contract.

1.4.8. Vendor must have a program in place to measure quality control, performance, and customer satisfaction.

1.4.9. The Vendor shall ensure that any related or required external systems or components (Related Systems), e.g., web servers, file transfer servers, databases, network devices, etc., that are required for normal operation of the Fingerprint Solution are maintained with an uptime of ninety-nine percent (99%) or higher.

1.4.10. Technical Support

1.4.10.1. The Vendor shall establish and maintain an organization and process to provide support for the Fingerprint Solution to DCFS/IDEC. Support shall include:

1.4.10.2. Diagnosis of problems or performance deficiencies of the Fingerprint Solution; and

1.4.10.3. A resolution of the problem or performance deficiencies of the Fingerprint Solution.

1.4.10.4. The Vendor shall provide maintenance and improvements for the operating efficiency of the fingerprint solution.

1.4.10.5. The Vendor shall provide telephone support for Vendor-provided components of the Fingerprint Solution (capture/control software and fingerprint scanning devices) twenty-four (24) hours a day, seven (7) days a week, three hundred sixty-five (365) days a year.

1.4.10.6. The Vendor shall provide internet-based support for Vendor-provided components of the Fingerprint Solution (capture/control software and fingerprint scanning devices) twenty-four (24) hours a day, seven (7) days a week, three hundred sixty-five (365) days a year.

1.4.10.7. The Vendor shall provide a support manager contact for escalation of support issues available twenty-four (24) hours a day, seven (7) days a week, three hundred sixty-five (365) days a year.

1.4.10.8. The Vendor shall submit their cure to the impacted agency for approvals described below, reported and reproducible errors in the Fingerprint Solution. The Vendor shall utilize the four (4) severity levels below to categorize reported problems:

(as determined by DCFS) Response Goal

The impact of the reported deficiency is such that the customer is unable to either use the Fingerprint Solution or reasonably continue work using the Fingerprint Solution.

Vendor shall commence work on resolving the deficiency within one (1) hour of notification and shall engage staff until an acceptable resolution is achieved.

Important features of the Fingerprint Solution are not working properly and there are no acceptable alternative solutions. While other areas of the Fingerprint Solution may not be impacted, the reported deficiency has created a significant, negative impact on the Customer's productivity or service level.

Vendor shall commence work on resolving the deficiency within two (2) hours of notification and shall engage staff until an acceptable resolution is achieved.

Important features of the Fingerprint Solution are unavailable, but an alternative solution is available or non-essential features of the Software are unavailable with no alternative solution. The customer impact, regardless of product usage, is minimal loss of operational functionality or implementation resources.

Vendor shall commence work on resolving the deficiency within one (1) business day of notification and shall engage staff during business hours until an acceptable resolution is achieved.

Customer submits a Fingerprint Solution information request, software enhancement, or documentation clarification which has no operational impact. The implementation or use of the Fingerprint Solution by the Customer is continuing, and there is no negative impact on productivity.

Vendor shall provide an initial response regarding the request within one (1) business week.

1.4.10.9. The Vendor shall request and receive DCFS/IDEC approval in writing for any planned maintenance or downtime. DCFS will notify CWCAs for any planned maintenance or downtime. The Vendor shall maintain a monitoring and alert system to proactively notify DCFS/IDEC whenever there is a service issue with any of the Related Systems required for normal operation of the Fingerprint Solution. The Vendor shall participate in DCFS/IDEC-run Disaster Recovery and Business Continuity tests as requested by DCFS/IDEC.

1.4.11. The Vendor shall provide a mechanism for user maintenance (add, remove, change users) and shall process all requests within one (1) business day. The Vendor shall also provide a mechanism for emergency user maintenance requests to be processed within two (2) hours. This mechanism must provide auditing reports on what changes were made and by who. DCFS will need a request/approval mechanism for access changes.

1.4.12. The Vendor shall comply with any audit or other information requests within three (3) business days at the Vendor’s cost.

1.4.13. The Vendor shall notify DCFS/IDEC immediately, within one (1) business hour, via email and by telephone, in the event of any security related event or breach of confidential information.

1.4.14. The Fingerprint Solution must have the ability to bill any fees directly to DCFS/IDEC. When requesting Illinois State Police (ISP) and Federal Bureau of Investigation (FBI) background checks, vendor shall request the ISP and FBI billing come directly to DCFS, for all possible populations, instead of being billed to the vendor on the vendor's form(s) by providing the appropriate DCFS ORI number and appropriation number to the ISP.

1.4.15. The Fingerprint Solution shall encrypt all data, at rest and in transit adhering to DoIT’s terms and conditions.

1.4.16. The Vendor shall provide support for transition to a new contract within ninety (90) days of the end of the current contract. This support shall be at the Vendor’s cost and shall include and not be limited to any meetings, architectural drawings, process flows, data extractions, data definitions, and any other support needed by DCFS/IDEC.

1.5. TRANSPORTATION AND DELIVERY:

Delivery will be made F.O.B. Destination with all transportation and handling paid by the Vendor to any DCFS location within the State of Illinois. Delivery locations will be identified on individual orders. Vendor shall coordinate delivery location requirements with ordering entity prior to shipment. The minimum order is $500 for F.O.B. Destination. For any order less than the minimum of $500 the additional freight charge will be added to the invoice as a separate line item and a copy of the freight bill will be submitted with the invoice for payment. The delivery charge for any order less than the minimum of $500 shall not exceed 5% of the total of the release order and may not exceed the actual cost of shipping.

1.5.1. Lease Terms

1.5.1.1. The Vendor must provide in the below lease terms an all-in-one electronic fingerprint capture/control software and mobile fingerprint scanners including a photo capture module (collectively called the “Biometric Solution”) to allow for the electronic processing of fingerprints. This must include all components needed – hardware, software and algorithm – to be integrated out of the box, with minimal effort or pre-existing experience required. The biometric system must bring new, enhanced levels of security and authentication to whatever device or application it is paired with, without impacting the host system’s performance and Ultra-low power consumption capabilities and unique features must also contribute to ensuring a smooth and seamless integration and end-user experience.

1.5.1.2. Scanner leases are subject to the Terms and Conditions as set forth in this contract. To initiate a lease, Purchasing Entity may issue a Purchase Order (“PO”).

1.5.1.3. Mobile fingerprinting leases must start on the date of acceptance and may be for a period of minimum twelve (12) to a maximum forty-eight (48) months outlined below, as determined by the needs of DCFS, CWCA and IDEC. The date of acceptance is the date the device was delivered certified as meeting the leased order specifications. Purchasing entity may terminate any lease option prior to the expiration date without penalty.

1.5.1.4. 12-month lease. All-in-one electronic fingerprint capture/control software and mobile fingerprint scanners including a photo capture module. Mobile fingerprinting leases must start on the date of acceptance and may be for a period of twelve (12) months, as determined by the needs of DCFS. The date of acceptance is the date the device was delivered certified as meeting the leased order specifications. Agency to utilize this line item for leases of mobile fingerprinting scanners against the contract with an initial term of 12 months.

1.5.1.5. 24-month lease. All-in-one electronic fingerprint capture/control software and mobile fingerprint scanners including a photo capture module. Mobile fingerprinting leases must start on the date of acceptance and may be for a period of twenty-four (24) months, as determined by the needs of DCFS. The date of acceptance is the date the device was delivered certified as meeting the leased order specifications. Agency to utilize this line item for leases of mobile fingerprinting scanners against the contract with an initial term of 24 months.

1.5.1.6. 36-month lease. All-in-one electronic fingerprint capture/control software and mobile fingerprint scanners including a photo capture module. Mobile fingerprinting leases must start on the date of acceptance and may be for a period of thirty-six (36) months, as determined by the needs of DCFS. The date of acceptance is the date the device was delivered certified as meeting the leased order specifications. Agency to utilize this line item for leases of mobile fingerprinting scanners against the contract with an initial term of 36 months.

1.5.1.7. 48-month lease. All-in-one electronic fingerprint capture/control software and mobile fingerprint scanners including a photo capture module. Mobile fingerprinting leases must start on the date of acceptance and may be for a period of forty-eight (48) months, as determined by the needs of DCFS. The date of acceptance is the date the device was delivered certified as meeting the leased order specifications. Agency to utilize this line item for leases of mobile fingerprinting scanners against the contract with an initial term of 48 months.

1.5.2. Mobile fingerprinting device leases executed prior to the expiration date of the resulting contract shall be honored. Leases will not exceed a period of forty-eight (48) months.

1.5.3. Orders must be placed prior to the expiration or earlier termination of this contract. Regardless of whether this contract has expired or has been terminated, the Vendor shall comply with all order leases that were placed prior to the end date and extend past the expiration or termination, as described in this section, and all requirements of this contract necessary to complete outstanding Orders shall survive the expiration or termination of this contract until all orders are complete.

1.5.4. The quantities shown herein are estimates of what may be used by the State. Estimates are based, when possible, on actual usage during the most recent contract period, known agency program modifications and other factors that may influence total quantity used. Estimated quantities are not guaranteed, however; Vendor shall furnish all requirements for the contract period whether more or less than the estimated amount noted herein.

1.5.5. End of Term Notification: Vendor must notify a Purchasing Entity, in writing, of their End of Term options at least sixty (60) to ninety (90) days prior to the end of any Lease. Such notification may include, but not be limited to, the following:

1.5.5.1. Any acquisition or return options, based on the type of lease agreement.

1.5.6. Backordered or discontinued items shall be clearly annotated. Price and specifications must match purchase order details.

1.5.7. Substitutions must be approved by authorized purchaser personnel prior to shipment. Sufficient advance notification (as mutually agreed but preferably 48 hours prior to shipping) must be provided of substitutions.

1.5.8. Substitutions must be of a like item of equal or greater value, meeting or exceeding outlined specifications and charged to the purchaser at the contracted price. If an item is provided as a substitution, it must be a like item of comparable size, quantity, quality, case count or content.

1.5.9. After a scanner has been shipped to the requestor, if the Vendor issues an Equipment Upgrade or Equipment Enhancement, or where modification to correct an error in field documentation is to be introduced, the Vendor must promptly notify the requestor of such change through the Vendor’s design change management system or another Vendor notification procedure.

1.5.10. Scanner upgrades must be provided to DCFS, CWCAs and IDEC by the Vendor at no additional charge as provided in this contract.

1.5.11. All products furnished shall be new, unused, or most recent manufacturer and not discontinued. Vendor will be responsible for notifying the State if requested items have been discontinued.

1.5.12. Vendor shall accept returns, without restocking or associated charges under the following conditions: Products shipped in error, products damaged in shipment, products with concealed or latent damage, products that are recalled, and products that do not meet the minimum quality requirements as defined.

1.5.13. Vendor shall provide the State a “No Hassle” return policy to be able to return leased merchandise for whatever reason, whether customer or Vendor error within 30 days or less after delivery of the items at no cost, either for shipping or restocking, to the State. This “No Hassle” return policy would be subject to some restrictions on the State’s use:

1.5.13.1. Merchandise must not have been used, except in the case of hidden defects.

1.5.13.2. Vendor must be notified within 30 days of receipt that the item(s) are being returned.

1.5.13.3. Returns shall be arranged by State-authorized personnel.

1.5.14. When a product is found to be non-conforming or damaged or otherwise suspect, the receiving entity will determine the course of action to be taken with the product in question. The final decision rests with the State-authorized representative. For unauthorized substitutions, requestor will determine whether to reject or accept, and if accepted, reserves the right to reimburse Vendor only that amount allotted for the original product ordered.

1.5.15. In the event an item is rejected, the delivery ticket/invoice shall be annotated as to the item(s) rejected. This item(s) shall then be deducted from the delivery ticket/invoice. The invoice total must be adjusted to reflect the correct dollar value of the shipment. Replacements will be authorized based on the requestor needs and then re-delivered. The items will be re-delivered under a separate invoice utilizing the same purchase order number for the discrepant line. These re-deliveries will not constitute an emergency or supplemental requirement and therefore will have no additional charges.

1.5.16. If a product is rejected after initial delivery has been made, Vendor will pay return shipping or shall pick up the item(s) from the location and waive restocking fees. Pickup of the item(s) shall be made within ten (10) working days of notification from the location specified from the list above or otherwise stated. If Vendor fails to pick up the rejected item(s) within the time frame, requestor reserves the right to consider them property of the State and dispose of them as seen fit, with no reimbursement to Vendor. Credit due to the requestor because of rejected product being returned will be handled through a receipts adjustment process in the ordering system. If the Vendor has already paid for the product, a credit will be issued through the requestor’s financial system.

1.5.17. If the requestor requires a one-for-one replacement, no additional paperwork is necessary. Vendor delivery ticket/invoice will show that the product is a replacement for a rejected item. The invoice shall reference the Purchase Order Number of the originally ordered product. In addition, a copy of the credit memo from the returned product is to be attached to the invoice.

1.5.18. Packing lists showing order number provided to Vendor must be furnished with each shipment and must be shown on the outside of each shipping container along with the Vendor name.

1.5.19. Delivery shall be made 14 calendar days following order placement as directed by the ordering entity concerned unless other delivery terms have been agreed to by the ordering entity and the Vendor. It shall be the responsibility of the Vendor to contact the ordering entity directly for exact shipping and arrival dates and other operating instructions. The contact’s name and telephone number will be listed on each order.

1.5.20. Deliveries will be made between 9:00 AM and 3:00 PM local time, Monday through Friday, excluding State holidays, unless pre-approved by the ordering entity.

1.5.21. There is no guarantee of quantities for actual orders or usage. Vendor shall furnish all requirements for the Contract period.

1.5.22. If Vendor is unable, or anticipates that it will not be able, to fulfill an order in accordance with the requirements of the Contract, Vendor will submit a request to delay order fulfillment to the ordering entity in writing within 72 hours of receipt of the applicable order and will include in such request its best estimate of the duration of the delay and the reasons for the delay. At the ordering entity’s discretion, the entity may choose to approve the delay or be relieved from its obligations to purchase any quantities of supplies or equipment in such order and may cancel such quantities effective upon notice to the Vendor. The ordering entity may elect to pursue alternative sources to fulfill the obligations of the canceled order. Vendor shall, at its own cost, use commercially reasonable efforts to remedy any shortage of supply and resume meeting the requirements of the Contract as soon as possible.

1.5.23. Vendor shall apply credits for the following: Unused items delivered for emergency responses may be returned for full credit if still in factory sealed packaging, have not been damaged and are still within 30 days of receipt of merchandise, or any other condition not specified above that is deemed to be valid reasons for return by the Contract Manager. Credit for returned goods should be made immediately once Vendor receives returned goods and must appear on the Purchaser’s next web-based order and appear as a credit (a separate line item).

1.5.24. In no event shall the Vendor impose credit or other limits on the aggregate amount of supplies or number of orders a DCFS, IDEC and CWCAs ave at any given time. All orders placed, regardless of value, shall be filled per the terms of this Contract and may not be canceled or put on hold.

1.6. SUBCONTRACTING:

Subcontractors are allowed.

1.6.1. Will subcontractors be utilized? |_| Yes |_| No

A subcontractor is a person or entity that enters into a contractual agreement with a total value of $100,000 or more with a person or entity who has a contract subject to the Illinois Procurement Code pursuant to which the person or entity provides some or all of the goods, services, real property, remuneration, or other monetary forms of consideration that are the subject of the primary State contract, including subleases from a lessee of a State contract.

All contracts with subcontractors where the annual value of the subcontract is greater than $50,000 must include Illinois Standard Certifications completed by the subcontractor.

1.6.2. Please identify below subcontracts with an annual value of $100,000 or more that will be utilized in the performance of the contract, the names and addresses of the subcontractors, and a description of the work to be performed by each.

· Subcontractor Name: Click here to enter text Amount to Be Paid: Click here to enter text Address: Click here to enter text Description of Work: Click here to enter text

· Subcontractor Name: Click here to enter text Amount to Be Paid: Click here to enter text Address: Click here to enter text Description of Work: Click here to enter text If additional space is necessary to provide subcontractor information, please attach an additional page.

1.6.3. If the annual value of any subcontracts is more than $100,000, then the Vendor must provide to the State the Financial Disclosures and Conflicts of Interest for that subcontractor.

1.6.4. If at any time during the term of the Contract, Vendor adds or changes any subcontractors, Vendor is required to promptly notify, in writing, the State Purchasing Officer or the Chief Procurement Officer of the names and addresses and the expected amount of money that each new or replaced subcontractor will receive pursuant to this Contract. Any subcontracts entered prior to award of this Contract are done at the sole risk of the Vendor and subcontractor(s).

1.7. WHERE SERVICES ARE TO BE PERFORMED: Unless otherwise disclosed in this section all services shall be performed in the United States. If the Vendor performs the services purchased hereunder in another country in violation of this provision, such action may be deemed by the State as a breach of the contract by Vendor.

Vendor shall disclose the locations where the services required shall be performed and the known or anticipated value of the services to be performed at each location. If the Vendor received additional consideration in the evaluation based on work

· Location where services will be performed: Click here to enter text Value of services performed at this location: Click here to enter text

· Location where services will be performed: Click here to enter text Value of services performed at this location: Click here to enter text

2. PRICING

2.1. TYPE OF PRICING: The Illinois Office of the Comptroller requires the State to indicate whether the contract price is firm or estimated at the time it is submitted for obligation. The total price of this contract is estimated.

2.2. VENDOR’S PRICING: Vendor’s pricing is located in the Items Tab in the BidBuy Purchase Order. The State includes in this contract the BidBuy Purchase Order as it contains the agreed pricing.

2.2.1. LEASE ORDERS: If such term extends beyond that of the contract, the pricing previously established, is applicable to any PO placed hereunder.

2.2.2. Economic Adjustment

2.2.2.1. The prices in this Contract must remain firm for the first year after the execution date of the Contract. Thereafter, one upward price adjustment may be applied no more frequently than once during any given twelve (12) month period. Once the price adjustment has been made, it shall only apply to leases being executed within the year the adjustment was made. It shall not apply to previous leases already executed.

2.2.2.2. All adjustment requests shall be made in writing. Vendor shall not be entitled to apply an upward price adjustment without first obtaining approval of such request from the Department of Children and Family Services Office of Procurement

2.2.2.3. In the event a downward adjustment is warranted, the State reserves the right to adjust once during any given twelve (12) month period for this decrease. It will be the responsibility of the vendor to notify the DCFS Office of Procurement of any such decrease.

2.2.2.4. Maximum allowable adjustments shall be governed by the U.S. Bureau of Labor Statistics Producer Price Index (PPI) item number:

WPU381 Data processing and related services The base PPI published index will be determined by the month of the bid opening date. If the bid opening date occurs in May, then the base PPI will be May’s published index.

The published PPI Index at the time of requested adjustment will be determined by the month and day the adjustment was submitted to the DCFS Office of Procurement regardless of whether it is a preliminary or final index publication.

2.2.2.5. No further adjustments will be made once the maximum allowable adjustment has been calculated for the given 12 months.

The maximum allowable adjustment shall be calculated as follows:

Maximum Allowable Price = A / B * C A = Bid Price B = Base PPI index…