RFQ_25-221_Exhibit_A_-_SOW.pdf

California Department of Justice RFQ # 25-221 Hardware and Hardware Maintenance

EXHIBIT A – SCOPE OF WORK

CALIFORNIA DEPARTMENT OF JUSTICE

I. INTRODUCTION

This Scope of Work reflects the purchase of a new Hamilton STARlet instrument, software and hardware installation, training services, and maintenance coverage for one HAMILTON STARlet Instrument at the Bureau of Forensic Services Laboratory located at 1001 W. Cutting Blvd., Richmond, CA 94804 to be provided by Vendor TBD, hereinafter referred to as the “Contractor,” for the Department of Justice, hereinafter referred to as the “DOJ”.

Engineering and Service

The contractor shall provide installation service to facilitate the quick integration of the Hamiliton instrument into DOJ´s lab routine by minimizing the instrument start-up phase. Installation Service for the instrument includes the following:

4 Person Crew Delivery Includes room of choice delivery, unpacking, and debris removal.

Method Programming and Operator Training Covers Application Specialist time for Method Programming and/or Training

Installation, STAR Hamilton Service Installation, IQ/OQ includes: Volume verification of pipetting devices 12-month warranty 6-month preventive maintenance check

The Contractor shall provide one STARlet instrument including an additional one-year preventative maintenance (PM). Maintenance will include the following:

Annual PM Includes the following:

Verification Services Priority dispatch for contract customers A target response time of 24 hours for a down instrument A guaranteed response time of 48 hours for a down instrument A guaranteed call back time of 4 hours Parts, travel, and labor costs

II. TERM OF THE CONTRACT

The estimated term of this contract will be two years from date of installation. This incudes one 12-month warranty, one 6-month maintenance check, and one additional 12-months of maintenance.

III. CONTRACT MANAGER

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

DOJ Contractor

Name: <TBD> <TBD> Street Address: 1001 West Cutting Blvd <TBD> City, State Zip Code: Richmond, CA 94804 <TBD> Phone: <TBD> <TBD> Email: <TBD> <TBD>

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: <TBD>.

V. SHIPPING INSTRUCTIONS

All supplies must be shipped F.O.B. (Free on Board) Destination. The seller pays the freight charges.

All supplies must be shipped to:

California Department of Justice Address: 1001 West Cutting Blvd City/State: Richmond, CA 94804 Attn: <TBD> Phone Number: <TBD>

VI. WORK TO BE PERFORMED

A. DESCRIPTION

The Contractor will be responsible for providing hardware maintenance services for the STARlet.

B. 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.

C. RESOURCE LOCATION

The Contractor shall provide services either virtually or onsite at the DOJ BFS Jan Bashinski DNA Laboratory 1001 West Cutting Blvd, Richmond, CA 94804

All Contractor Staff including any subcontractors must be located within the United States of America.

D. 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

E. TRAVEL

All contractor travel is covered under the Service Agreement.

VII. AGREEMENT PARTIES RESPONSIBILITIES

A. CONTRACTOR RESPONSIBILITIES

The Contractor has the following responsibilities:

1. The Contractor shall ensure that the equipment is 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.

B. 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 invoices for equipment, supplies, and software with payment terms of Net 45 upon delivery. The Contractor shall submit invoices for delivery, installation, and method programming and operator training with payment terms of Net 45 upon completion of those services. The contractor shall submit invoices for the one-year service contract to be paid quarterly in arrears. 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>

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, 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.