RFB DOJ 2018-01 PGEN Software and Application.pdf

STATE OF WISCONSIN

DEPARTMENT OF JUSTICE

Bureau of Budget and Finance

PO BOX 7857

17 West Main St., 8th Floor Madison, WI 53703

Request for Bid No. DOJ-2018-01

Probabilistic Genotyping Software and Application

Bids Due:

September 7, 2017, 2:00 p.m. CT

Signature Page - Return with your bid

REQUEST FOR BIDS

No. DOJ-2018-01

THIS IS NOT AN ORDER

Bid envelope shall be sealed and plainly marked in lower corner with due date and Request for Bid number DOJ-2018-01. Late bids shall be rejected. Bids shall be date and time stamped by the soliciting purchasing office on or before the date and time that the bid is due. Bids dated and time stamped in another office shall be rejected. Receipt of a bid by the mail system does not constitute receipt of a bid by the purchasing office. Any bid which is inadvertently opened as a result of not being properly and clearly marked is subject to rejection. Bids shall be submitted separately, i.e., not included with sample packages or other bids. Bid openings are public unless otherwise specified. Records shall be available for public inspection after issuance of the notice of intent to award or the award of the contract. Bidder shall contact person named below for an appointment to view the bid record. Bids shall be firm for acceptance for sixty (60) days from date of bid opening, unless otherwise noted. The attached terms and conditions apply to any subsequent award.

Bids shall be sealed and addressed to:

Wisconsin Department of Justice Attn: Monette McGuire Bureau of Budget and Finance 17 West Main St., 8th Floor Madison, WI 53703

Fax and e-mail bids are not accepted Bidder to complete this section:

BIDDER (Name and Address)

DUE DATE: Bids shall be received and time stamped no later than:

September 7, 2017, 2:00 p.m. CT Issue Date:

August 3, 2017 Name (Contact for further information)

Monette McGuire Phone

608-266-2609

Email mcguiresa@doj.state.wi.us

DESCRIPTION

Probabilistic Genotyping Software and Application The Wisconsin Department of Justice, Law Enforcement Services Division Crime Laboratory Bureau is a recognized accredited forensic science laboratory with sites in Madison, Milwaukee and Wausau. All laboratories are currently accredited by the American Society of Crime Laboratory Directors/Laboratory Accreditation Board (ASCLD/LAB) under the international program. The Crime Laboratory Bureau is seeking to purchase a continuous probabilistic genotyping software program along with training and maintenance in order to improve mixture interpretation capabilities within the DNA Analysis Units at the Madison and Milwaukee sites. The DNA Analysis Unit employs 38 DNA caseworking analysts at the Madison site and 23 DNA caseworking analysts at the Milwaukee site.

We claim minority bidder preference [Wis. Stats. s. 16.75(3m)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business

Enterprises. Bidder shall be certified by the Wisconsin Department of Administration. If you have questions concerning the certification process, contact the Wisconsin Department of Administration, 101 E. Wilson St., 6th Floor, Madison, WI 53703, (608) 261-2510. Does Not Apply to Printing Bids.

We claim Wisconsin certified disabled veteran-owned business preference. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED disabled veteran-owned business. Bidder shall be certified by the Wisconsin Department of Administration. If you have questions concerning the certification process, contact the Wisconsin Department of Administration, 101 E. Wilson St., 6th Floor, Madison, WI 53703, (608) 261-2510. Does Not Apply to Printing Bids.

We are a work center certified under Wis. Stats. s. 16.752 employing persons with severe disabilities. Questions concerning the certification process shall be addressed to the Work Center Program, State Bureau of Procurement, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53702, (608) 266-2605.

Wis. Stats. s. 16.754 directs the state to purchase materials which are manufactured to the greatest extent in the United States when all other factors are substantially equal. Materials covered in our bid were manufactured in whole or in substantial part within the United States, or the majority of the component parts thereof were manufactured in whole or in substantial part in the United States.

Yes No Unknown In signing this bid we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a bid; that this bid has been independently arrived at without collusion with any other bidder, competitor or potential competitor; that this bid has not been knowingly disclosed prior to the opening of bids to any other bidder or competitor; that the above statement is accurate under penalty of perjury.

We shall comply with all terms, conditions and specifications required by the state in this Request for Bid and all terms of our bid.

Name of Authorized Company Representative (Type or Print)

Title

Signature of Above

Date

E-mail

RFB No. DOJ-2018-01 Probabilistic Genotyping Software and Application

TABLE OF CONTENTS

Sections: Page

Section 1: General RFB Information and Instructions 1

Section 2: Project Information and Technical Solution and Requirements 8

Section 3: Bid Content and Submittals 11

Section 4: Definitions 13

Bid Submittals: Separate Files

Appendix A Bid Forms

RFB Cover Page - Signature Page

Vendor Information

Vendor References

Wisconsin Cooperative Purchasing Service (DOA-3333 - RO3/2004)

Designation of Confidential and Proprietary Information (DOA-3027)

Receipt Forms and Submittal Checklist

Appendix B Bid Price Sheet

Appendix C Bidder Qualifications, Experience and Organization

Appendix D Bidder Compliance with Security, Technical and Functional Requirements

Attachments: Separate Files

Attachment A Standard Terms and Conditions (RFB/RFP) DOA-3054

Attachment B Supplemental Standard Terms and Conditions for Procurements for Services DOA-

Attachment C Template Master Contract for Software License, Implementation and Support

• Schedule A: Payment Schedule

• Schedule B: Security, Technical and Functional Requirements

• Schedule C: Statement of Work (SOW)

• Schedule D: Software License

• Schedule E: Non-disclosure Agreement http://vendornet.state.wi.us/vendornet/doaforms/doa-3054.doc http://vendornet.state.wi.us/vendornet/doaforms/doa-3681.doc

Probabilistic Genotyping Software and Application Page 1 of 16

SECTION 1: GENERAL RFB INFORMATION AND INSTRUCTIONS

1.1 Introduction

The Wisconsin Department of Justice, Law Enforcement Services Division is seeking to purchase a continuous probabilistic genotyping software and application solution that includes implementation, training, and ongoing support and maintenance services.

1.2 Request for Bid Calendar

These dates are for planning purposes. They represent the DOJ’s desired schedule for executing the events of this bid and contract process. Any revision to the Due Date for submission of bids will be made by addendum.

All dates marked with an asterisk may be adjusted without formal notice, as needs and circumstances dictate.

Date RFB Activity

August 3, 2017 Release of RFB

August 17, 2017 First round of written questions are due

August 21, 2017 *Responses to Written Questions will be posted on VendorNet

September 7, 2017 DEADLINE FOR SUBMISSION OF BIDS

September 2017 *Anticipated Award Date

October 2017 *Anticipated Contract/Project Start Date

1.3 Point of Contact

Direct all questions. requests for clarification, interpretation or correction of any ambiguity, inconsistency, error, conflict, discrepancy, omission, or other deficiency in this RFB to the purchasing agent specified on the first page of this RFB, in writing via mail, fax or email, on or before the due date specified for questions in the RFB calendar.

Any other contact with State employees or administrative appointees concerning this RFB is prohibited, except as expressly authorized by the purchasing agent during the period from the date of release of the RFB until the notice of intent to contract is released. A Contractor having a contract presently in effect may contact appropriate Agency personnel directly with respect to the performance of its current existing contract.

1.4 Addenda/Official Communication

Only written communications will bind the DOJ. During the solicitation process for this RFB, all communication between the DOJ and bidders will be made via written communication or via notices DOJ may post on the bid distribution website, www.vendornet.state.wi.us. No other communications shall vary or modify the terms of this RFB. Until the bid due date, DOJ may post, on www.vendornet.state.wi.us, notices which may include, but are not limited to, addenda, responses to questions, clarifications, revisions or modifications to administrative or performance requirements. Bidders must regularly monitor VendorNet for any such postings. A bidder’s failure to retrieve such addenda or communications and include any appropriate provisions in its bid may, in DOJ’s discretion, result in disqualification of that bid.

1.5 Bidder Responsibility

1.5.1. Bidders shall carefully examine the RFB and contract documents, correlate their observations with the

RFB specifications, and exercise their own judgment as to their ability to perform any contract awarded to the Bidder, given the nature and scope of the project stated in this RFB. If applicable, bidders should visit the applicable departments’ websites as well as physical site locations to become familiar with local http://www.vendornet.state.wi.us/ http://www.vendornet.state.wi.us/

Probabilistic Genotyping Software and Application Page 2 of 16 conditions that may affect cost, progress, performance or furnishing of the work. Failure to do so will not relieve the successful Contractor from the obligation to provide, without additional cost to the DOJ, all services that may be required to perform the resulting contract.

1.5.2. This RFB shall become part of the resulting contract. No plea of ignorance of conditions or difficulties that exist or may hereafter arise in the execution of the work under this contract as a result of failure to make necessary examinations and investigations, shall excuse any Bidder from the obligation to perform the contract.

1.5.3. Before the award of any contract, DOJ shall be satisfied that the Bidder understands the full scope of the project and work required, is properly qualified and has sufficient qualified resources to carry out the obligations of the contract and complete the work described in this RFB. DOJ may make such investigations as it deems necessary to determine the ability of the Bidder to perform the work, and the Bidder shall furnish to the DOJ all such information and data for this purpose, as DOJ may request. DOJ may, in its discretion, disqualify any bid if the DOJ is not satisfied that the Bidder meets the requirements of this paragraph.

1.6 State of Wisconsin Terms and Conditions

Bidders must review the following documents prior to submission of your bid:

a. Attachment A: Standard Terms and Conditions (RFB/RFP) DOA-3054 (10/05)

b. Attachment B: Supplemental Standard Terms and Conditions for Procurements for Services DOA-3681

(01/01)

c. Attachment C: Template contract for Software License, Implementation and Support

These terms and conditions constitute a part of the minimum requirements Bidders must meet. They are incorporated in this RFB and will be incorporated in any subsequent contract award. By submitting a proposal, bidders offer to enter into a contract containing these terms. The State reserves the right to negotiate contractual terms and conditions other than those in this RFB and the Attachments if, in the discretion of DOJ, it is in the best interest of the State to do so.

1.7 Contract Integration

The provisions of this Request for Bid and its Attachments, the bid responses as accepted by the DOJ, written communications and any additional terms agreed to in writing by the parties, will be integrated into the resulting contract, which shall be executed in accordance with the terms, conditions and specifications of this RFB. The contract shall also include any or all of the documents below. The hierarchy of documents in descending order for resolution is as follows:

a. Official Purchase Order and/or final signed Contract for Purchase of Services including any attachments or amendments

b. Bid response as accepted by the DOJ

c. Applicable Request for Bid, amendments/attachments

d. State of Wisconsin standard terms and conditions

1.8 Offer Shall Remain Open for Acceptance

Except as provided in Paragraph 1.11 below, all prices, costs, and conditions outlined in the proposal shall remain fixed and valid for acceptance for a minimum of 180 days starting on the due date for bids. The State may request bidders to hold their offer open for acceptance for a longer period of time.

1.9 Binding Offer

A bid submitted in response to this RFB shall constitute a binding offer. Acknowledgement of this condition shall be indicated, on the “Request for Bid Signature Page,” by the signature of the bidder or an officer of the bidder who is legally authorized to execute contractual obligations. By submitting a bid, the bidder affirms his/her http://vendornet.state.wi.us/vendornet/doaforms/doa-3054.doc

Probabilistic Genotyping Software and Application Page 3 of 16 acceptance of the terms and conditions of this RFB, including its attachments and exhibits, without exception, deletion or qualification, and without contingency, unless otherwise clearly stated in the bidder’s response.

1.10 Incurring Costs

This Request for Bids does not commit the State to award a contract, pay any costs incurred in preparation of bids, submission of samples for testing or to procure or contract for services or equipment.

1.11 Withdrawal or Revision of Bids

A bidder may, without prejudice, withdraw a proposal submitted prior to the date and time specified for receipt of bids by requesting such withdrawal in writing. Written requests must be directed to, and received by, the RFB purchasing agent before the due time and date for submission of bids. Telephone requests for withdrawal shall not be accepted. Bidders who withdraw bids may submit another proposal at any time up to the RFB due date and time.

1.12 Material and Non-material Variances

The DOJ reserves the right to waive or permit cure of nonmaterial variances in the offer if, in the judgment of the DOJ, it is in the DOJ’s best interest to do so. Nonmaterial variances include minor informalities that do not affect responsiveness, that are merely a matter of form or format, that do not change the relative standing or otherwise prejudice other vendors, that do not change the meaning or scope of the RFB, or that do not reflect a material change in the specifications and/or services. If the DOJ waives or permits cure of nonmaterial variances, such waiver or cure will not modify the RFB requirements or excuse the vendor from full compliance with RFB specifications or other contract requirements if the vendor is awarded the contract.

1.13 Designation of Proprietary Information

1.13.1. Bidders are hereby notified that all information submitted in response to this RFB may be made available for public inspection according to public records laws of the State of Wisconsin or other applicable public record laws. Therefore, Bidders are encouraged to refrain from submitting information that cannot be open for public inspection. However, if Bidders must include information deemed confidential and proprietary by the Bidder, Bidder must comply with these instructions:

a. Any information to be considered confidential or proprietary must clearly be stated on the attached

DOA-3027 (R01/98) “Designation of Confidential and Proprietary Information” form.

b. Provide specific information related to the claim for confidential and proprietary information including: RFB section, page number, topic and specific claw that supports claim.

c. Submit any information to be considered confidential or proprietary separately from the rest of the proposal.

d. When practical, request determination on the restricted use or inspection of data contained within a proposal, from the State Purchasing Agent prior to submission of the proposal itself.

1.13.2. Prices always become public information when bids are opened or when negotiations have been completed and the contract has been awarded. Prices, therefore, cannot be kept confidential. Other information usually cannot be kept confidential unless it involves a trade secret as defined in Wis. Stat.

§.134.90(1)(c). Any Proposal marked confidential or proprietary in its entirety shall be rejected.

1.14 Bid Acceptance and Review

1.14.1. Bid Opening. Bids will be opened at the due date and time at the bid submittal location specified on the first page of this RFB, if bidders are present.

1.14.2. Bid Acceptance. Bids which do not comply with these instructions or which do not conform to specifications contained in this RFB will be rejected. The DOJ retains the right to accept or reject any

Probabilistic Genotyping Software and Application Page 4 of 16 or all bids, or accept or reject any part of a bid that the DOJ deems to be in its best interest. The DOJ shall be the sole judge as to compliance with the instructions and specifications contained in this RFB.

1.14.3. Bid Review. DOJ will review bids for completeness and compliance with all RFB requirements. DOJ may disqualify incomplete bids. To be complete, bids must be signed and dated and include all required submittals listed in the RFB Forms and Submittal Checklist. If all Bidders fail to meet one or more of the requirements, the DOJ may continue the review of the bids that most closely meet the requirements of this RFB. If no Bidder is able to comply with a given specification, qualification condition of proposal or provide a specific item, the DOJ may delete or modify that specification, qualification, condition of proposal or item. The DOJ may accept or reject any and all bids in whole or in part.

The DOJ will also review each bid proposal for compliance with information technology security requirements. Bidders shall be afforded the opportunity for further discussions or to provide additional information, to clarify their security information, or to revise their original response and process to meet DOJ security requirements. Bidders whose security compliance is not accepted, and who fail to bring their security procedures into compliance with the requirements of Appendix D will be disqualified without further consideration.

1.14.4. Bid Evaluation. DOJ will evaluate bid responses to determine compliance with all RFB requirements.

DOJ may seek clarification, request additional information, require demonstrations/interviews for the purpose of verifying that the bidder’s responses conform and meet the requirement and intent of the specification. The DOJ will be the sole judge of whether the particular response meets the requirement and intent of the specification.

DOJ may conduct price and/or cost analysis to determine if the price is fair and reasonable. If only one responsive bid is received, a detailed price and/or cost analysis may be requested of the single bidder.

Bidders shall cooperate as needed with DOJ’s efforts to perform said analyses.

DOJ may engage with the lowest responsive and responsible bidder in additional negotiations within the scope of the RFB procurement, of terms, conditions, pricing, scope of services, final composition of the Contractor team, and other contract terms that affect the delivery of the final product or service.

1.14.5. Bid Award. DOJ shall award to the responsive and responsible bidder who submits the lowest cost for service, as deemed to be in the best interest of the State. DOJ reserves the right to award multiple contracts or award the contract as whole, whichever is deemed in the best interest of the State.

1.14.6. Notification of Intent to Award. The DOJ may notify Contractors who respond to this RFB with a bid, of the DOJ's intent to award the resulting contract. After that notification, the DOJ will make copies of bids available for public inspection.

1.14.7. Supplier Diversity

a. Minority Owned Business Enterprise

Bids from certified Minority Business Enterprises may be provided up to a five percent (5%) proposal preference in accordance with Wis. Stats. s. 16.75(3m).

The State of Wisconsin is committed to the promotion of minority business in the state's purchasing program and a goal of placing 5% of its total purchasing dollars with certified minority businesses.

Authority for this program is found in Wis. Stat. §§ 15.107(2), 16.75(4), 16.75(5) and 560.036(2).

The State of Wisconsin policy provides that minority-owned business enterprises certified by the State should have the maximum opportunity to participate in the performance of the State’s contracts. The supplier/Contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to minority-owned business enterprises or by using such enterprises to provide goods and services incidental to this agreement, with a goal of awarding at least 5% of the contract price to such enterprises.

Probabilistic Genotyping Software and Application Page 5 of 16

The Contractor shall furnish appropriate quarterly information about its effort in this regard, including the identities of such businesses certified by the Wisconsin Supplier Diversity Program, their contract amount, and the amount paid to such businesses for each period to the Procuring Agency.

A listing of certified MBEs, as well as the services and commodities they provide, is available at:

https://wisdp.wi.gov/search.aspx.

b. Veteran-Owned Business

The State Bureau of Procurement encourages the participation of veteran-owned businesses (VBs) in the statewide purchasing program by inviting VBs to actively solicit public purchasing business and by reducing undue impediments to such participation. VBs are certified by the Department of Veterans Affairs (DVA). Applicants must complete a Veteran-owned Business Request for Certification form (WDVA 1037). Contact the DVA at: http://dva.state.wi.us. There is no price preference for certified VBs that compete for State contracts.

c. Disabled Veteran-Owned Business

Disabled veteran-owned businesses (DVBs) are certified by the Wisconsin Department of Administration. This program can be found at: http://www.doa.wi.gov/Divisions/Enterprise- Operations/Supplier-Diversity-Program. The State of Wisconsin is committed to the promotion of DVBs in the State's purchasing program. Wisconsin statutes provide for a permissive 5% price preference for certified DVBs that compete for State contracts. This means that State agencies may make an award to the DVB submitting the lowest qualified proposal when that qualified proposal is not more than 5% higher than the apparent low proposal. (A bidder preference will not be considered on a printing or stationery procurement.) Policy provides that DVBs should have the maximum opportunity to participate in the performance of its contracts. The supplier/Contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to DVBs or by using such enterprises to provide commodities and services incidental to this agreement.

The supplier/Contractor shall furnish appropriate quarterly information about its efforts, including the identities of such businesses certified by the Supplier Diversity Program and their contract amount.

A listing of certified DVBs, as well as the services and commodities they provide, is available at:

d. Woman-Owned Business Enterprise

Woman-owned business enterprises (WBEs) are certified by the Wisconsin Department of Administration. This program can be found at: http://www.doa.wi.gov/Divisions/Enterprise- Operations/Supplier-Diversity-Program.

State certified WBEs are able to provide both governmental entities and private companies with a credible recognition of the business’ ownership. The WBE certification may serve as an additional marketing tool when seeking contract opportunities with entities that place a value on having a diverse supplier base. There is no price preference for certified WBEs that compete for State contracts.

A listing of certified WBEs, as well as the services and commodities they provide, is available at:

1.14.8. Protest

a. This protest process applies only to those solicitations for contractual services that result in a contract greater than $50,000. Notices of intent to protest must be in writing, and must specifically identify the Wisconsin State Statutes and Wisconsin Administrative Code provisions that are alleged to have been violated, and must specify how the identified provision has been violated. Any protest of this DOJ solicitation or of any intent to award issued as a result of this RFB process, must be made as provided by the Wisconsin Administrative Code and the State Procurement Manual.

https://wisdp.wi.gov/search.aspx http://www.doa.wi.gov/Divisions/Enterprise-Operations/Supplier-Diversity-Program http://www.doa.wi.gov/Divisions/Enterprise-Operations/Supplier-Diversity-Program https://wisdp.wi.gov/search.aspx http://www.doa.wi.gov/Divisions/Enterprise-Operations/Supplier-Diversity-Program http://www.doa.wi.gov/Divisions/Enterprise-Operations/Supplier-Diversity-Program https://wisdp.wi.gov/search.aspx

Probabilistic Genotyping Software and Application Page 6 of 16

b. Any Notice of Intent to Protest must be filed with, and received by, the individual listed below no later than five (5) business days after the Notice of Intent to Award is issued.

c. The actual Protest also must be filed with the individual listed below, and must be received within ten (10) business days after the Notice of Intent to Award is issued.

Paul W. Connell Deputy Attorney General Wisconsin Department of Justice 17 West Main Street P.O. Box 7857 Madison, WI 53707-7857

d. All properly filed protests will be reviewed and the Wisconsin Attorney General will issue a decision regarding the protest.

1.14.9. Appeals

a. The decision of the Attorney General may be appealed to the Secretary of the Department of Administration, in writing, within five (5) business days of the DOJ’s issuance of its written Protest decision.

b. Appeals must be sent to:

Secretary’s Office Wisconsin Department of Administration P.O. Box 7864 101 E Wilson Street, 10th Floor Madison, WI 53703-7864

c. A copy of the Appeal must also be filed with the DOJ, at the address provided in ¶1.14.8 c. The

Appeal must be as specific as possible, setting forth the basis for each allegation that a statutory or administrative code provision has been violated.

1.15 Rights Reserved

Any time before it awards a bid, the DOJ may terminate, suspend or modify this selection process; reject any or all submittals; and waive any informalities, irregularities or omissions in submittals, all as deemed in the best interests of the State.

1.16 Cooperative Purchasing

Common purchasing practices in government include cooperative or “piggyback” purchasing among various state agencies, units of government or municipalities. (Under Wisconsin Statutes, a municipality is defined as a county, city, village, town, school district, board of school directors, sewer district, drainage district, vocational, technical and adult education district or any other public or quasi‐public corporation, officer, board or other body having the authority to award public contracts.)

The use of the awarded contract by other governmental units shall be optional.

Sales to the above governmental units by the bidder shall be optional. Bidders must indicate on the bid page whether, they agree that other governmental units may make purchases under the contract if their bid is accepted.

If bidders choose to extend prices offered on this bid to other governmental units, any resulting contract is solely between the supplier and the third party unit of government. The DOJ shall not be responsible for any problems which may arise between other units of government and the bidder as a result of any sales and/or purchases made.

Probabilistic Genotyping Software and Application Page 7 of 16

Agreement to this provision will not be considered a criterion for award under this solicitation.

1.17 Reasonable Accommodations

The DOJ will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities upon request. Any prospective bidder desiring information in an alternative format or needing accommodations at the bid opening, contact the Purchasing Agent in writing to make their request.

1.18 News Releases and Promotional Materials

Bidders shall not issue news releases pertaining to the RFB or to the acceptance, rejection, or evaluation of bids without the prior written approval of the DOJ.

Bidders shall not use promotional or marketing material which states expressly or by fair implication that the State or the DOJ endorses either the Bidder or any sponsor of such material.

1.19 VendorNet Registration

VendorNet is the State of Wisconsin’s bid information and notification service which is FREE and available to all businesses and organizations that want to sell to the state. Anyone may access VendorNet on the internet at http://vendorrnet.state.wi.us to get information on state purchasing practices and policies and goods and services that the State buys. Only contractors registered with VendorNet will receive future official notices and have the ability to search for and access current bids for designated services or commodities.

http://vendornet.state.wi.us/vendornet/default.asphttp:/vendornet.state.wi.us/vendornet/default.asp http://vendorrnet.state.wi.us/ http://vendornet.state.wi.us/vendornet/default.asphttp:/vendornet.state.wi.us/vendornet/default.asp

Probabilistic Genotyping Software and Application Page 8 of 16

SECTION 2: PROJECT INFORMATION AND TECHNICAL SOLUTION REQUIREMENTS

2.1 Purpose

The purpose of this solicitation is to contract with a qualified supplier to furnish Probabilistic Genotyping software and application, together with implementation, training, maintenance and support services for the Wisconsin State Crime Laboratories (“WSCLB”).

Under Wisconsin State Statutes §165.76 and §165.77, laboratories are required to analyze the deoxyribonucleic acid (DNA) in a human biological specimen received for use in investigations and court cases.

The DOJ operates three Crime Laboratories under the Division of Law Enforcement Services. The forensic DNA discipline is located at the Madison and Milwaukee Crime Laboratories, which employ a combined total of 61 DNA case-working analysts.

The goal of this project is to improve mixture interpretation capabilities within the DNA Analysis Unit and increase the capacity of forensic DNA laboratories to process more DNA samples, thereby reducing the number of forensic DNA samples awaiting analysis. The purchase of software and training to address this casework challenge will improve efficiencies for mixture interpretation. The forensic DNA community in the United States is moving towards the adoption of the probabilistic method, also known as probabilistic genotyping, which requires the use of software to perform calculations using either a semi-continuous or fully-continuous model.

As the demand for rapid DNA testing increases within our state, the demand for interpretation of complex DNA mixtures poses a risk to efficiency. Currently, the unit conducts manual interpretations, which is a laborious, time-consuming process specifically for DNA mixtures composed of more than two individuals. The purchase of software and training to address this casework challenge will improve efficiencies for mixture interpretation and will significantly increase the number of interpretable DNA profiles that can be searched in the national DNA database which are currently too complex to interpret through manual calculations.

2.2 Project Timeline

The project timeline will be in accordance with the contract term. DOJ requires the system to be fully developed, implemented to the satisfaction of the WSCLB Technical Unit Leader, and ready for validation within 90 days of contract start date.

2.3 Contract Term

The resulting contract shall commence upon execution of the contract by both parties, unless another “Effective Date” is specified elsewhere in the contract. The contract shall be effective for the term(s) specified for each component or attachment of the contract. During the applicable period Contractor shall perform all provisions of the contract to the satisfaction of the DOJ.

The contract components may include a Statement of Work for professional services for installation and implementation of the solution, which shall be effective from start of contract through Final System Acceptance, a software license cost and maintenance, technical and customer support which shall be for an initial term of two (2) years and which shall provide options for three one-year renewal extensions. The contemplated contract structure may be subject to revision to meet the program objectives.

2.4 Pricing

Pricing shall be in accordance with terms set forth in the Payment Schedule.

Probabilistic Genotyping Software and Application Page 9 of 16

2.5 Key Assumptions

The following numbers are only estimates, given that this system will be a new program for the DOJ. These numbers are provided to allow the Contractor to propose a solution that will appropriately account for the proper size, fit and structure of the DOJ solution.

• Required Licenses:

10 Concurrent licenses (Madison = 6; Milwaukee = 4)

• Training DOJ staff - 10 Train-the-trainer - 10 End Users - 61

• Hardware DOJ will provide the hardware based on Contractor recommended configuration

2.6 Services

All services provided under this contract must be performed in the United States.

2.7 General Technical Solution Requirements

This section provides an overview and summary of the scope of products and services contemplated for the provision, implementation and support of the Probabilistic Genotyping software and application.

2.7.1. This RFB requires a complete turn‐key solution that includes, but is not limited to, the following components:

• All software licenses required to effectively use the proposed system

• All computer hardware, if any, required to effectively use the proposed system

• Professional Services for a Statement of Work for the project management and implementation of the proposed system.

• Ongoing Maintenance, customer service and technical support for a minimum of 5 years.

The selected Contractor shall perform and coordinate all work under this RFB as directed by the DOJ program and/or project manager and shall cooperate with DOJ staff to provide a complete Probabilistic Genotyping software solution that will meet the project goals of DOJ.

2.7.2. All RFB minimum mandatory requirements shall be met at no cost except as provided in the bid.

2.8 Contractor Organization, Qualifications and Experience Requirements

The selected Contractor shall have the organizational capabilities, qualifications and experience necessary to provide the services contemplated in this RFB. The selected Contractor shall have demonstrated relevant capabilities and experience in the following areas:

• Organizational capabilities

• Experience

• Qualified project team

• Positive references

• No conflicts of Interest

• Financial stability

2.9 Software Licensing

2.9.1. Software Licensing. The Contractor shall provide the appropriate software license option for the

Probabilistic Genotyping software and application. The DOJ will consider software license structure options such as license per user or concurrent licensing, software as a service subscription license or

Probabilistic Genotyping Software and Application Page 10 of 16 other licensing methodology, if deemed in the interest of DOJ to do so. Bidders may propose multiple software license options, if applicable.

2.9.2. Software License Terms, Representations and Warranties. Additional software license terms shall be in accordance with the terms in Schedule D, Software License Agreement of the template contract (Attachment C).

2.9.3. Software Escrow. Software shall be held in escrow. The terms of the escrow are defined in section 6 in

Schedule D, of the template Software License Agreement. Contractor shall, within sixty (60) calendar days after the parties sign this Contract, include the State as a named beneficiary to an Escrow Services Agreement which shall be established with an escrow agent approved by State on terms approved by State at the cost of Contractor.

2.10 Customer Support and Maintenance Terms and Requirements

The Contractor shall provide customer support and maintenance services for the duration of the Contract.

Schedule D in the template contract (Attachment C) reflects the typical structure and foundation of the Software Maintenance and Support Plan that DOJ uses for its software implementation projects. Bidder must provide a customer support and maintenance plan appropriate for the project that comports with the support and maintenance elements in the template contract.

2.11 Statement of Work

The Statement of Work (SOW) defines the professional services for the installation, implementation, testing and acceptance of the system. The Contractor shall complete a Statement of Work (SOW) appropriate for the size and complexity of the project.

Schedule C in the template contract (Attachment C) reflects the typical structure and foundation of the Statement of Work (SOW) that DOJ uses for its software implementation projects. It defines the applicable phases, milestones and deliverables tied to a payment schedule.

Bidders shall provide a Statement of Work and explain the details, tasks, and phasing implementation in Section C, Project Organization of Appendix C, Bidder Response to Qualifications, Experience and Project Organization.

2.12 Technology Solution Summary

The Contractor shall provide a software and application solution that complies with all security, technical and functional specifications, terms, conditions and requirements stated in Appendix D, Security, Technical and Functional Requirements.

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SECTION 3: BID CONTENT AND SUBMITTALS

3.1 Submitting a Bid

3.1.1. Submit your bids by the deadline shown on the RFB Signature Page to:

Monette McGuire Wisconsin Department of Justice Bureau of Budget and Finance PO Box 7857 17 West Main Street – 8th Floor Madison, WI 53707-7857

3.1.2. All bids must be received and time-stamped at the above location no later than the due date. Receipt of a

Bid by the State mail system does not constitute receipt of a Bid by the DOJ Purchasing Office.

3.1.3. Hand Delivered Bids. The Department of Justice, located at 17 West Main Street in Madison, has building security policies and procedures. There is a security checkpoint at the first floor lobby. Security personnel will date stamp hand-delivered bids and call the appropriate procurement agent. Bids stamped by the DOJ security guard will count as received at the time of the stamp.

3.1.4. All bids must be packaged, sealed in a box or envelope and clearly marked with the following information on the outside of the package:

Vendor's Name Address Request for Bid Title: Probabilistic Genotyping Software and Application Request for Bid Number: DOJ-2018-01 Due Date: September 7, 2017, 2:00PM CT

3.1.5. Unless directed to do so, bidder shall not direct the reader to a website or any other source outside of the applicable RFB section as part of its response to the requirement or question unless it is a map, diagram or schematic included in another section within the RFB.

3.2 Bid Response Format

3.2.1. Submit the correct number of copies per table below.

Required RFB Forms: One (1) Original + one (1) Copy (Hardcopy)

Electronic Copy: One (1) copy

3.2.2. Hardcopy bids shall be typed and securely bound on 8.5 by 11-inch paper. The content of the mailed bids shall be identical in all regards to any original electronic-copy submitted.

3.2.3. Electronic bids shall be in a PDF format stored on a common medium (CD, DVD, or flash drive), identical in content and sequence to hardcopy bids submitted. Unless specifically noted, acceptable formats include Microsoft Word, Microsoft Excel, or PDF.

3.2.4. The response to the RFB shall be complete and comprehensive but succinct. Elaborate bids, such as those including expensive artwork, beyond that sufficient to present a complete and effective bid, are not necessary or desired. Unnecessary samples, attachments or documents not specifically required should not be submitted.

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3.2.5. Bidders are encouraged to submit bids using environmentally preferable guidelines, such as: printing double-sided on recycled paper, using products such as folders, binders, paper clips, discs, envelopes, boxes, etc. that contain recycled content, minimizing or eliminating the use of non-recyclable or non-reusable materials contained in binders, plastic report covers, plastic dividers, vinyl sleeves and GBC binding.

3.2.6. Bids must be organized with headings and subheadings in the order provided in Section 3.3 below, Required Information and Content of Bids. Each heading and subheading should be separated by tabs or otherwise clearly marked. Complete the RFB Receipt and Submittal Checklist to record all submittals.

3.3 Required Information and Content of Bids

Please include only the required submittals specified below. Do not submit another copy of this RFB with your bid.

Table of Contents

The Table of Contents outlines in sequential order the major sections of your bid.

Appendix A - Bid Forms

Include the following required forms (blank forms are included in the RFB):

1. RFB Cover Page - Signature Page

2. Vendor Information

3. Vendor Reference

4. WI Cooperative Purchasing Service (DOA-3333)

5. Designation of Confidential and Proprietary Information (DOA-3027)

6. RFB Receipt and Submittal Checklist

Appendix B - Bid Price Sheet

Include the following required forms (blank forms are included in the RFB):

A. Bid Cost Format. Use the Bid Price Sheet to submit your bid price. It is the sole responsibility of the bidder to ensure that all mathematical calculations are correct and that the total bid accurately reflects costs.

B. All inclusive Not-to-Exceed Cost for Statement of Work. The Statement of Work for professional services for the installation and implementation of the solution shall be quoted as a not-to-exceed cost for services.

The total maximum bid price shall contain all direct and indirect costs, including but not limited to, all fees related to shipment, communication, reproduction, out of pocket expenses, including all travel and travel related expenses, if any.

C. Travel. All travel and per diem expenses shall be the Contractor’s sole responsibility throughout the contract.

D. Period of Acceptance. All prices, costs, and conditions outlined in the bid shall remain fixed and valid for acceptance for a minimum of 180 days starting on the due date for bids.

Appendix C - Bidder Response: Qualifications, Experience and Project Organization

This section contains mandatory qualifications, experience and project organization requirements. Complete Appendix C to indicate your agreement and compliance with each RFB requirement.

Appendix D – Compliance with Security, Technical and Functional Requirements

This section contains mandatory security, technical and functional requirements. Complete this Appendix D to indicate your agreement and compliance with each RFB requirement.

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SECTION 4: DEFINITIONS

For the purposes of this Request for Bid and resulting Contract(s), the following definitions of terms shall apply, unless otherwise indicated.

The terms marked with an asterisk (*) also pertain to the use of technology and/or software systems.

Parties Defined The “Department of Justice”, “DOJ”, “WI DOJ”, “State of Wisconsin”, “State”, “Department” or reference to any DOJ Division or Bureau refer to the Wisconsin Department of Justice.

The terms “Bidder”, “Offeror”, “Proposer”, “Respondent” refer to the person(s), organization, or company that provides a bid or proposal in response to this Request for Bid (RFB) or Request for Proposal (RFP) and who may or may not be successful in achieving an opportunity to negotiate for the final award of a contract.

The terms “Contractor”, “Vendor”, refer to the Bidder/Offeror/Proposer/Respondent to which the resulting Contract will be awarded. References to the Contractor in this RFB shall also apply in full to any Subcontractor for the named Contractor.

*Authorized Users − Any State Agency, program area or section, or other state or local public body authorized to use statewide contracts, as established in §§ 16.70 (1b), (1e), (2), (4) and (8), 16.73 and 66.0301 of the Wisconsin Statutes and § PRO-D-30 of the State Procurement Manual.

− means: (i) the employees of DOJ and its third party consultants or contractors acting on DOJ’s behalf who have a need to use the Software to accomplish DOJ’s internal business purposes

ASCLD/LAB American Society of Crime Laboratory Directors/Laboratory Accreditation Board Bid A price quotation specifically given to a prospective purchaser by a prospective seller; a

Bid is an offer to sell.

Bidder The terms “Bidder”, “Offeror”, “Proposer”, “Respondent” refer to the person, organization, or company that provides a bid or proposal in response to this request for bid (RFB) and who may or may not be successful in achieving an opportunity to negotiate for the final award of a contract.

Confidential Information is defined in Schedule E, Non-disclosure Agreement

*Content means information, data, text, software, music, sound, photographs, graphics, video messages or other material to which DOJ is provided access by [Contractor] through the Products.

Contract The written agreement between the successful Bidder and the State covering the commodities and services to be performed pursuant to this RFB.

Contractor The terms “Contractor”, “Vendor”, refer to the Bidder/Offeror/Proposer/Respondent to which the contract will be awarded. References to the Contractor in this RFB shall also apply in full to any Subcontractor for the named Contractor.

Criminal Justice Information (CJI) means all data necessary for law enforcement and civil agencies to perform their missions including, but not limited to, biometric, identity history, biographic, property and case/incident history data. It also includes all information set forth in 28 C.F.R. 20.3(d).

Use of CJI carries with it specific security requirements defined both by federal and local regulations and by WI DOJ policy.

*Customer Data means any data, information, or material DOJ or any authorized user provides or submits within the System.

*Customizations means modifications to the Products or custom work or content developed by or on behalf of [Contractor] pursuant to a Professional Services engagement hereunder.

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*Documentation means any manuals, handbooks and other written or electronic material accompanying the Software, contained in the Software, or developed as required by the Contract.

DNA Deoxyribonucleic Acid Electronic Copy Either a USB flash drive or a CD (Compact Disk).

*Error means a material failure of the System to conform to its functional specifications as described in the Documentation, which is reported by DOJ and replicable.

*Final System Acceptance shall be completed after Testing Acceptance and no more than 90 days from the time that accreditation validation requirements have been met and the software performance is acceptable. This means that the CLB will have executed its validation plan and is preparing to go-live with the software in case work analysis and interpretation. In addition, Final System Acceptance shall be considered complete when all system security, technical and functional specifications and features are validated to perform in accordance with contract specifications, performance requirements and contract documents.

IAAC Inter-American Accreditation Cooperation ILAC International Laboratory Accreditation Cooperation *Incidents are defects or unexpected failures related to the Contractor-provided System, which continue for more than 15 minutes or are recurring. Contractor shall classify incidents by impact and by the Severity Levels as defined in Schedule D, Software License and Maintenance and Support of the Master Contract.

*Intellectual Property means patents, copyrights, moral rights, trademarks, know-how, trade secrets or other intellectual and intangible property rights, including all registrations and applications therefor, and all continuations, continuations in part, divisional applications, and renewals of any of the foregoing.

*Internet Unavailability means DOJ’s inability to access, or Contractor inability to provide, System-required Internet services, if any, due to causes outside of Contractor’s direct control, including, but not limited to: (i) failure or unavailability of Internet access; (ii) unauthorized use, theft or operator errors relating to telephone, cable or Internet service provider.

ISO International Organization for Standardization Legal Holidays observed by State of WI

− New Year's Day (January 1) − Martin Luther King Jr.'s Birthday (Third Monday in January) − Memorial Day (Last Monday in May) − Independence Day (July 4) − Labor Day (First Monday in September) − Thanksgiving Day (Fourth Thursday in November) − Christmas Eve Day (December 24) − Christmas Day (December 25)

- New Year's Eve Day (December 31)

*Maintenance Releases

− means upgrades (including but not limited to patches and fixes) of the Supported…