RFQ_25-128,_SOW.docx

California Department of Justice RFQ # 25-128 Hardware and Hardware Maintenance

EXHIBIT A – SCOPE OF WORK

I. INTRODUCTION

This Scope of Work reflects the maintenance services to be provided by TBD, hereinafter referred to as the “Contractor,” for the Department of Justice.

The Contractor shall provide one (1) planned preventative maintenance visit per year; a qualified Technical Specialist will provide implementation support; as well as repair service (“AB Assurance Plan 1PM”), for the following instrument type(s):

· Applied Biosystems 3500 Series Genetic Analyzer for Human Identification (Qty 2)

The Contractor’s maintenance support will help DOJ streamline the product support model by providing quick resolution to questions, troubleshooting solutions, and updates that will help lead to the highest application availability possible.

II. TERM OF THE CONTRACT

The initial estimated warranty term of this contract will be 6/22/2026 to 6/21/2027, based on delivery. The one-year warranty extension shall commence after the initial term, expiring on 6/21/2028, based on delivery.

III. CONTRACT MANAGER

A. The Contract Managers (CM) for this Agreement are as follows:

B. The CMs will operate as the DOJ single point of contact for each party. DOJ’s CM will give directions to the Contractor concerning the assigned services to be provided. The Contractor’s CM shall work collaboratively with the DOJ Management Team, Program Managers, Functional Managers, and technical staff to ensure that all services are satisfactorily completed. The CMs shall ensure that all Agreement activities are conducted in accordance with DOJ regulations; oversee processes and procedures; monitor contractor compliance with the Agreement; and resolve issues.

C. The DOJ and Contractor reserve the right to change their CMs at any time without amending this agreement, by notifying the other party of the change in writing.

IV. HARDWARE SERVICE PHONE NUMBER

For hardware service calls, DOJ can call: _________________________.

V. SUPPLIES SHIPPING INSTRUCTIONS

All supplies must be shipped F.O.B. (Free on Board) Destination. The seller pays the freight charges and must be in accordance with your Statewide Contract.

All supplies must be shipped to their respective equipment at:

California Department of Justice Address: 155 David Love Pl City/State: Goleta, CA 93117 Attn: TBD Phone Number: TBD

Or

California Department of Justice Address: 7425 Mission Blvd City/State: Riverside, CA 92509 Attn: TBD Phone Number: TBD

VI. WORK TO BE PERFORMED

DESCRIPTION

The Contractor shall provide one (1) planned preventative maintenance visit per year; a qualified Technical Specialist will provide implementation support; as well as repair service (“AB Assurance Plan 1PM”), for the following instrument types:

• Applied Biosystems 3500 Series Genetic Analyzer for Human identification (Qty 2) The contractor shall provide all labor, parts, and support all hardware and software, as well as maintenance service calls as needed. The Contractor shall provide remedial repairs, all instrument component parts, labor, travel, telephone access to technical support, remote monitoring software, and priority repair service. All service shall be performed by factory trained and certified engineers with certified parts.

RESOURCE AVAILABILITY/WORK HOURS

The Contractor shall be available to provide services at any time during normal DOJ business hours, Monday through Friday, between 8:00 a.m. and 5:00 p.m. Pacific Time (PT), excluding State holidays, except as specifically agreed to otherwise in writing by the DOJ CM.

RESOURCE LOCATION

The Contractor shall provide services either virtually or onsite at both locations:

· California Department of Justice, 155 David Love Pl, Goleta, CA 93117

· California Department of Justice, 7425 Mission Blvd, Riverside, CA 92509 All Contractor Staff including any subcontractors must be located within the United States of America.

PROBLEM ESCALATION

Problems or issues shall normally be reported to CM in a timely manner. The Contractor shall endeavor to have any issues resolved at the lowest level possible. However, the parties acknowledge and agree that certain problems or issues may arise that cannot be solved at the lowest level and therefore justify escalated reporting. To this extent, the Contractor’s Contract Manager shall follow the escalation path identified below.

1. First level: DOJ Contract Manager

2. Second level: DOJ Bureau Director (in charge of this contract)

3. Third level, the CJIS Assistant Chief

A. TRAVEL

All travel costs for this contract will be the sole responsibility of the Contractor.

VII. AGREEMENT PARTIES RESPONSIBILITIES

0. CONTRACTOR RESPONSIBILITIES

The Contractor has the following responsibilities:

1. The Contractor shall ensure that the Genetic Analyzers are fully functional and operational with minimal downtime and resolve issues timely.

2. The Contractor shall only assign authorized factory trained personnel to service and maintain the equipment.

3. Perform quality control reviews on all services before completion.

4. All assigned personnel must check-in and be escorted by DOJ staff when on location at DOJ.

5. Designate a person to whom all communications may be addressed and who has the authority to act on all aspects of the Agreement. This person shall be responsible for the overall engagement and shall be the primary person responsible for ensuring quality services are delivered timely by the team member(s) performing the services. This person also has responsibilities for addressing invoicing and staffing issues.

6. Comply with all applicable DOJ regulations, mandates and policies and procedures. Contracted staff are expected to abide by the same standards and policies as DOJ staff.

7. Complete all tasks as required in the Agreement.

8. The Contractor will assume all costs related to travel, lodging, and parking (parking at DOJ Broadway facility is free of charge) unless noted in the Agreement.

9. Information Security - Contractor shall comply with applicable United States and California laws and regulations; including but not limited, California Information Practices Act of 1977, the California State Administrative Manual (SAM) and its associated regulations, mandates, budget letters and memorandums, the SIMM and CJIS Security Policy.

10. General Policies and Standards - Contractor must strictly adhere to all DOJ policies and standards, including but not limited to health and safety, data security and confidentiality.

0. DOJ RESPONSIBILITIES

The responsibilities of the DOJ include the following:

1. Provide subject Matter Experts (SMEs), key stakeholders/process owners, working session participants and documentation to assist with successful implementation of services.

2. DOJ will provide access to business and technical documents as necessary for the Contractor and Contractor’s resources to complete the tasks and deliverables identified in the SOW.

3. Provide the Contractor access to the appropriate facilities during the effort.

4. Provide access to DOJ business and technical staff as scheduled and agreed upon.

5. Approve invoices and ensure payments are made in a timely manner.

6. Upon request and prior approval, DOJ may provide a virtual desktop with access at the sole discretion of DOJ.

VIII. FAILURE TO PERFORM

The Contractor assumes all liability for performance of this Agreement and all subcontracts executed pursuant to or funded by this Agreement.………………….

Further, the Contractor assumes full liability for and agrees to reimburse the DOJ for Contractor’s or any of Contractor’s subcontractors’ failure to comply with any term or condition of this Agreement. Contractor shall assure that subcontracts are administered in accordance with this Agreement, any amendments, any change orders, or changes thereto, and in compliance with DOJ Regulations. Contractor agrees that the DOJ or its designated agent has full recourse against the Contractor for the failure to perform all or any part of this Agreement.

Failure to provide acceptable service, and provide status information on time, may subject Contractor to the DOJ pursuing remedies under this Agreement in accordance with the Terms and Conditions.

IX. AMENDMENTS

The Contractor will agree to allow amendment(s) to this contract to increase time and funding at the same or lower rate as stated in Attachment A, Cost Worksheet.

The Contractor shall not be authorized to deliver or commence performance of services as described in the Contract until written approval has been obtained from all entities. Any delivery or performance of service commenced prior to the Contractor obtaining all written approvals shall be considered voluntary on the part of the Contractor and non-compensable by DOJ.

No amendment or variation of the Contract terms shall be valid unless made in writing, signed by both parties, and approved as required. No oral understanding not incorporated in the Contract is binding on any of the parties.

EXHIBIT B – BUDGET DETAILS AND PAYMENT PROVISIONS

I. PAYMENT

For full and satisfactory performance of the services provided pursuant to this contract, the Department of Justice shall pay the Contractor per Attachment A, Cost Worksheet. The total amount which may be paid under this contract shall not exceed the amount indicated in Attachment A, Cost Worksheet with the actual amount being dependent upon the extent of the Contractor's services required by the Department of Justice.

The Contractor understands that no Federal or State income tax shall be withheld from the payments under this contract. However, the State of California is required to report all payments to the Internal Revenue Service and Franchise Tax Board for tax purposes.

II. INVOICING

The Contractor shall submit an invoice to be paid once all items have been received.

An invoice can only be submitted for items noted on the Purchase Order (PO) and must be submitted to the “Bill To” address and person listed on the PO.

Invoices must be submitted on Contractor’s letterhead and must include the following:

1. Purchase Order Number

2. Contractor’s name, address, phone number

3. Invoice number and invoice date

4. Date(s) of service

5. Identify in detail the IT goods and or services acquired, quantities, unit price, extension, description, etc.

6. Distinguish if the item is hardware, software, hardware maintenance, software maintenance, or services

7. Sales tax and/or use tax, identify which items are taxable and non-taxable, tax rate, and input the tax as a separate line item from the goods lines

8. Total amount of invoice

The DOJ will not reimburse the Contractor for any incurred expenses related to this Agreement not specified in Attachment A, Cost Worksheet. Payment is subject to the acceptance of invoice by the DOJ Contract Manager, or designee.

Contractor shall address and submit all invoices electronically in PDF format to:

TBD@doj.ca.gov

III. BUDGET CONTINGENCY CLAUSE

It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this contract does not appropriate sufficient funds for the program, this contract shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this contract and the Contractor shall not be obligated to perform any provisions of this contract.……………………………

If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this contract with no liability occurring to the State or offer a contract amendment to Contractor to reflect the reduced amount.

IV. PROMPT PAYMENT CLAUSE

Payment will be made at the, in accordance with the provisions of the California Prompt Payment Act, Government Code section 927, et seq. Unless expressly exempted by statute, the Act requires state agencies to pay properly submitted, undisputed invoices not more than 45 days after (a) the date of acceptance of goods or performance of services; (b) receipt of an undisputed invoice - whichever is later

V. PRIME CONTRACTOR DVBE CERTIFICATION

The provisions for payment under the Contract may be subject to a ten thousand dollars ($10,000) withhold in accordance with Military and Veterans Code sections 999.5 and 999.7.