RFR SP26-DNATEST-L01.pdf

THE COMMONWEALTH OF MASSACHUSETTS

EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY

DEPARTMENT OF STATE POLICE

470 WORCESTER ROAD

FRAMINGHAM, MA 01702

Request for Response (RFR)

Document Title: Biological / DNA Testing and Validation Services

COMMBUYS Bid: BD-26-1084-POLCL-DNMAY-118543

Agency Document Number SP26-DNATEST-L01

July 15, 2025

THIS PROCUREMENT IS COVERED BY THE WORLD TRADE ORGANIZATION GOVERNMENT

PROCUREMENT AGREEMENT (WTO/GPA).

Federal funds are to be utilized for this procurement. Responses will not be considered if they appear on the federal government’s debarment list

Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that can be found on www.COMMBUYS.com. All Bidders are responsible for reviewing and adhering to all information, forms and requirements for the entire Bid, which are all incorporated into the Bid. Bidders may also contact the COMMBUYS Helpdesk at COMMBUYS@state.ma.us or the COMMBUYS Helpline at 1-888-MA-STATE. The Helpline is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal, state and Suffolk county holidays.

http://www.commbuys.com/ mailto:COMMBUYS@state.ma.us

1 RFR Introduction of Procurement Scope and Description………………………… 1

1.1 Procurement Scope and Description ..………………………………………………. 1

1.2 Applicable Procurement Law …………………………………………………………. 2

1.3 Acquisition Method …………………………………………………………………….. 2

1.4 Whether Single or Multiple Contractors are Required for this Contract …………. 2

1.5 Entities Eligible to Use the Resulting Contract ……………………………………... 2

1.6 Expected Duration of Contract ……………………………………………………….. 3

1.7 Anticipated Expenditures, Funding or Compensation ……………………………… 3

1.8 Basis for estimated dollar value for this Contract ……………………………….….. 3

1.9 Basis for estimated number of units for this Contract ………………………………. 3

2 Estimated Procurement Calendar …….………………………………………. …….. 4

2.1 Written questions via the Bid Q&A on COMMBUYS ………………………………. 4

2.2 Locating Bid Q&A ……………………………………………………………………

2.3 Amendment Deadline …………………………………………………………………. 5

3 Specifications …………………………………………………………………………… 5

4 Other Terms …………………………………………………………………………….. 13

4.1 Contractors Terms & Conditions …………………………………………………

4.2 Reporting ……………………………………………………………………………….. 13

4.3 Contract Management ………………………………………………………………... 13

4.4 Change Notification …………………………………………………………………… 13

4.5 Invoices and Payments ………………………………………………………………. 14

4.6 Contract Amendments ……………………………………………………………….. 14

4.7 Contract Renewals …………………………………………………………………… 15

4.8 Performance Measures…………………………………………………………..…… 15

4.9 Insurance………………………………………………………………………………… 15

4.10 Contract Termination for Convenience …………………………………………

4.11 Contract Termination for Cause ……………………………………………………… 16

4.12 Eliminating Single-Use Plastic Bottles……………………………………………….. 16

5 Evaluation Criteria ……………………………………………………………………… 16

6 Instructions for Submission of Responses ………………………………………….. 18

7 Appendix 1 – Required Terms for All RFRS ………………………………………… 20

8 Appendix 2 – RFR Required Specs …………………………………………………… 22

9 Appendix 3 – Instructions for Execution and Submission of Commonwealth Standard Forms …………………………………………………………………………. 30

10 Appendix 4 - Other Department of State Police Specifications……………………. 32

11 Appendix 5 – Glossary ……………………………………………………………..….. 34

REQUEST FOR RESPONSE

Biological / DNA Testing and Validation Services

RFR # SP26-DNATEST-L01

COMMBUYS Bid # BD-26-1084-POLCL-DNMAY-118543

1 RFR INTRODUCTION OF PROCUREMENT SCOPE AND DESCRIPTION

1.1 Procurement Scope and Description

The MSPCL (Massachusetts State Police Crime Laboratory) is responsible for case work samples that are recovered from evidence collected at crime scenes or otherwise submitted to the laboratory. These questioned forensic samples consist of biological material, for example blood, semen, and/or saliva. In conjunction with the case work samples, there are reference samples / database samples consisting of buccal swabs, saliva samples on FTA paper or blood samples on FTA paper. Biological screening tests and DNA analysis are performed on these samples to assist with criminal investigations.

The MSPCL is seeking comprehensive services including full service evidence processing (collection, including trace material and biological/Y-screening), autosomal DNA STR (Short Tandem Repeat) testing, Y-STR testing, mitochondrial DNA testing, animal DNA testing, DNA extraction of bone and teeth, DNA processing of known database samples, criminal paternity case work, forensic DNA statistical analyses, including probabilistic genotyping, and forensic genealogy. In addition, the MSPCL is seeking services for any new technology that is validated and accepted by the MSPCL for the duration of this contract. The MSPCL requires a comprehensive discovery response /packet for each forensic case as requested by our external customers, routinely the District Attorneys’ Office assigned to the case.

It is the intent of the MSPCL to outsource some of the work submitted to the laboratory that requires the above testing.

In addition, the MSPCL envisions the need to purchase certain consumable items for use in validation projects and to purchase validation services for procedures and instruments. In this case, any purchase will be made to fulfill the immediate needs of the laboratory and not to avoid use of existing state contracts for commonly used consumables.

Note: to be considered for a contract award, a bidder does not have to meet this scope of work in its entirety. However, all pertinent certifications for a bidder’s services must be in good standing.

Electronic Quote Submission Instructions

Bidders are advised that Massachusetts State police (1) restricts submission of written questions to the Bid Q&A tool and (2) requires all responses to be submitted using the online submission tools available to active COMMBUYS account holders only. Bidders are solely responsible to monitor this site for Bid amendments, if any. Bidders may monitor the record by frequently checking the Header Information for the list of Amendments. Bidders with active COMMBUYS accounts may also monitor the record through COMMBUYS email notification and record tracking tools enabled when a vendor acknowledges receipt of a bid.

To establish a COMMBUYS account, bidders must select the Register link on www.commbuys.com and complete the online subscription process.

1.2 Applicable Procurement Law

Check Appropriate Box (“X”):

Type of Purchase Applicable Laws

Executive Branch Goods and Services

Goods and Services MGL c. 7, § 22; c. 30, § 51, § 52; 801 CMR 21.00

Human and Social Services MGL c. 7, § 22, § 22N; c. 30, § 51, § 52;

801 CMR 21.00; 808 CMR 1.00

Legal Services MGL c. 30, § 51, § 52 and § 65; c. 7, § 22;

and 801 CMR 21.01(2) (b)

Grants MGL c. 7A, § 7; St. 1986 c. 206, § 17; 815

CMR 2.00

1.3 Acquisition Method:

Check All Applicable (“X”): Category

Fee-For-Service Outright Purchase

1.4 Whether Single or Multiple Contractors are Required for Contract:

Check One (“X”):

Single Contractor Multiple Contractors

a. Estimated Number of Awards

The Strategic Sourcing Team (SST) intends to award multiple Contractors. The intent is to establish and maintain a list of pre-qualified Contractors from which the Department, and the other Commonwealth Agencies defined as eligible entities, can select.

b. Adding Contractors after initial Contract Award

If, over the life of the contract, the SST determines that additional Contractors may be added, these may be drawn from qualified companies which responded to this Solicitation but were not awarded Contracts.

This is a Rolling Enrollment Contract. Under the rolling enrollment process, Bidders may submit a quote in Commbuys until six months prior to the maximum end date.

1.5 Entities Eligible to Use the Resulting Contract

This RFR is a “Non-Statewide / Limited User Contract”. Any Contract resulting from this Bid will be open for use by the Department of State Police, as well as Executive Branch agencies that fall within the Executive Office of Public Safety and Security (EOPSS). EOPSS agencies interested in using this contract may submit a request to the issuing agency and will be responsible for executing their own contracts/ purchase orders and paying their own invoices for goods and/or services acquired from this Contract.

1.6 Expected Duration of Contract (Initial Duration and any Options to Renew):

Contract Duration Number of Options Number of

Years/Months Initial Duration

Up to 2 years Renewal Options

Up to one (1) year each option Total Maximum Contract Duration

Up to 6 years

1.7 Anticipated Expenditures, Funding or Compensation:

Expenditures are estimated at $2,800,000 per year over for the life of the contract. This is an estimate only and is for informational purposes only.

This Request for Response is being procured in compliance with the World Trade Organization for procurements in which the value over the entire duration of the procurement may exceed $498,000.

Contract prices will remain fixed during the initial contract period. The contractor will have an opportunity to request a price increase if an option to renew is offered. The contractor will need to submit written justification and supporting documentation with price increase requests. The Department of State Police does not guarantee that increase requests will be granted.

1.8 Basis for estimated dollar value for this Contract (including all options to renew) The “Estimated Value (US$)” for this Bid was based on estimated funding.

1.9 Basis for estimated number of units for this Contract (including all options to renew) The “Estimated Units” for this Bid was based on estimated funding.

Any estimates or past procurement volumes referenced in this Bid are included only for the convenience of Bidders and are not to be relied upon as any indication of future purchase levels.

2 ESTIMATED PROCUREMENT CALENDAR

EVENT DATE

Bid Release Date July 15, 2025

Deadline for Submission of Questions through COMMBUYS “Bid Q&A”

August 5, 2025

Official Answers for Bid Q&A published (Estimated)

August 15, 2025

Deadline for Quotes/Bid Responses (“Bid Opening Date/Time” in COMMBUYS)

August 28, 2025, 3:00pm Eastern Time

Notification of Apparent Successful Bidder(s) (Estimated)

September 22, 2025

Estimated Contract Start Date October 1, 2025

Times are Eastern Standard/Daylight Savings (US), as displayed on the COMMBUYS system clock displayed to Bidders after logging in. If there is a conflict between the dates in this Procurement Calendar and dates in the Bid’s Header, the dates in the Bid’s Header on COMMBUYS shall prevail.

Bidders are responsible for checking the Bid record, including Bid Q&A, on COMMBUYS for Procurement Calendar updates.

2.1 Written questions via the Bid Q&A on COMMBUYS

The “Bid Q&A” provides the opportunity for Bidders to ask written questions and receive written answers from the SST regarding this Bid. All Bidders’ questions must be submitted through the Bid Q&A found on COMMBUYS (see below for instructions). Questions may be asked only prior to the Deadline for Submission of Questions stated in the Estimated Procurement Calendar. The issuing department reserves the right not to respond to questions submitted after this date. It is the Bidder’s responsibility to verify receipt of questions. Additionally, the Department reserves the right to, in its sole discretion, to not answer all questions submitted by Bidders. It is the Bidder’s responsibility to verify the receipt of questions and clarification requests.

Please note that any questions submitted to the SST using any other medium (including those that are sent by mail, fax, email or voicemail, etc.) will not be answered. To reduce the number of redundant or duplicate questions, Bidders are asked to review all questions previously submitted to determine whether the Bidder’s question has already been posted.

Bidders are responsible for entering content suitable for public viewing, since all of the questions are accessible to the public. Bidders must not include any information that could be considered personal, security sensitive, inflammatory, incorrect, collusory, or otherwise objectionable, including information about the Bidder’s company or other companies. The SST reserves the right to edit or delete any submitted questions that raise any of these issues or that are not in the best interest of the Commonwealth or this Bid.

All answers are final when posted. Any subsequent revisions to previously provided answers will be dated.

The Department of State Police reserves the option to answer all written questions simultaneously by posting a “Bidder Question and Answer” word document as an RFR attachment posted on the solicitation page on www.commbuys.com.

It is the responsibility of the prospective Bidder and awarded Contractor to maintain an active registration in COMMBUYS and to keep current the email address of the Bidder’s contact person and prospective contract manager, if awarded a contract, and to monitor that email inbox for communications from the Purchasing Department, including requests for clarification. The Purchasing Department and the Commonwealth assume no responsibility if a prospective Bidder’s/awarded Contractor’s designated email address is not current, or if technical problems, including those with the prospective Bidder’s/awarded Contractor’s computer, network or internet service provider (ISP) cause email communications sent to/from the prospective Bidder/Awarded contractor and the Purchasing Department to be lost or rejected by any means including email or spam filtering.

2.2 Locating Bid Q&A

Log into COMMBUYS, locate the Bid, acknowledge receipt of the Bid, and scroll down to the bottom of the Bid Header page. The “Bid Q&A” button allows Bidders access to the Bid Q&A page.

2.3 Amendment Deadline

The SST reserves the right to make amendments to the Bid after initial publication. It is each Bidder’s responsibility to check COMMBUYS for any amendments, addenda or modifications to this Bid, and any Bid Q&A records related to this Bid. The SST and the Commonwealth accept no responsibility and will provide no accommodation to Bidders who submit a Quote based on an out-of-date Bid or on information received from a source other than COMMBUYS.

3 SPECIFICATIONS

The MSPCL (Massachusetts State Police Crime Laboratory) is responsible for case work samples that are recovered from evidence collected at crime scenes or otherwise submitted to the laboratory. These questioned forensic samples consist of biological material, for example blood, semen, and/or saliva. In conjunction with the case work samples, there are reference samples / database samples consisting of buccal swabs, saliva samples on FTA paper or blood samples on FTA paper. Biological screening tests and DNA analysis are performed on these samples to assist with criminal investigations.

The MSPCL is seeking comprehensive services including full service evidence processing (collection, including trace material and biological/Y-screening), autosomal DNA STR (Short Tandem Repeat) testing, Y-STR testing, mitochondrial DNA testing, animal DNA testing, DNA extraction of bone and teeth, DNA processing of known database samples, criminal paternity case work, forensic DNA statistical analyses, including probabilistic genotyping, and forensic genealogy. In addition, the MSPCL is seeking services for any new technology that is validated and accepted by the MSPCL for the duration of this contract. The MSPCL requires a comprehensive discovery response /packet for each forensic case as requested by our external customers, routinely the District Attorneys’ Office assigned to the case.

It is the intent of the MSPCL to outsource some of the work submitted to the laboratory that requires the above testing.

In addition, the MSPCL envisions the need to purchase certain consumable items for use in validation projects and to purchase validation services for procedures and instruments. In this case, any purchase will be made to fulfill the immediate needs of the laboratory and not to avoid use of existing state contracts for commonly used consumables.

Note: to be considered for a contract award, a bidder does not have to meet this scope of work in its entirety. However, all pertinent certifications for a bidder’s services must be in good standing.

• Submissions: The MSPCL will submit case work on an as needed basis, typically 75 cases/month (submissions can vary from 1-200/month). The MSPCL is responsible for the preparation, packaging and shipping of the samples to the vendor laboratory. A submission letter/manifest will accompany the samples. The submission letter/manifest will indicate the testing schedule to be used, the type of testing requested, and the type of sample submitted. Only one half of the sample will be tested in cases unless noted otherwise.

• Testing Schedule:

o Routine Testing Schedule: The laboratory shall have the capacity to test and report to the

MSPCL within 60 calendar days of receipt of the sample at the laboratory.

o “Priority 1” Testing Schedule: The laboratory shall have the capacity to test and report to the MSPCL within 5 calendar days of receipt of the sample at the laboratory.

o “Priority 2” Testing Schedule: The laboratory shall have the capacity to test and report to the MSPCL within 10 calendar days of receipt of the sample at the laboratory.

• Types of Testing Requested:

o Evidence Collection: The vendor laboratory shall have the ability to collect both biological and trace evidence.

o Screening Tests: The vendor laboratory shall have the ability to perform Y-screening and identify the presence of blood, sperm, saliva, urine, and feces as indicated in the submission letter/manifest, after review and approval of the test methods by the MSPCL.

o STR (Short Tandem Repeat) o Y-STR o Mitochondrial o Animal DNA testing o Microscopy: Identify hair evidence for potential DNA testing o Discharged cartridge casing DNA evidence collection and testing o DNA Reference Comparison Tests:

Tier 1: A DNA reference sample is submitted for testing, comparison, statistics and a report.

Tier 2: A DNA reference sample is submitted for testing, comparison, no statistics and a report.

Tier 3: A DNA reference sample profile is provided by the MSPCL for comparison, statistics and a report.

The vendor laboratory shall have the ability to perform DNA statistics utilizing both the binary method(s) and probabilistic genotyping.

o Forensic Genealogy o New Technology: To be determined by MSPCL Technical Leader(s) of Forensic Biology after reviewing the validation summary and supporting documentation, if requested.

• Types of Samples to be Submitted and Testing Parameters:

o Entire items, swabs, slides, cuttings, hair, extracts or other potential biological materials on a substrate, including sanitary products and diapers:

Collection of trace evidence and identification of biological trace evidence utilizing appropriate techniques, including MVAC. Presumptive and confirmatory testing for blood and semen and testing for saliva, urine and feces. If sperm cells are negative, a testing result will be reported for protein. Perform Y-screening. Alternative testing schemes must be approved by the MSPCL as new technologies emerge.

o Forensic Case Working Samples/Reference Samples/Paternity Samples (including bone and teeth & including samples comprising of multiple tubes): For STR analysis utilize Promega Powerplex® Fusion 6C System on 3500/3500xl Genetic Analyzer platform with GeneMapper® ID-X Software for analysis and data interpretation, for Y-STR analysis utilize PowerPlex® Y23 System and any new technology that is validated and accepted by the MSPCL for the duration of this contract.

• Form of report:

All serological tests and trace recovery:

1. The report should indicate all items recovered, tested and corresponding results.

2. All supporting analysis, test results and case file documentation should be provided in electronic format.

3. A printed and/or electronic copy of the case report should be provided.

4. A comprehensive list of all lab technicians / analysts that performed any work must be readily available.

All DNA case work STR reports are to include:

1. All supporting test results should be found in the case file.

2. All supporting analysis and case file documentation should be provided in electronic format.

3. A printed and/or electronic copy of the case report should be provided.

4. If a reference sample was compared to a probative case work sample, statistics utilizing probabilistic genotyping must be provided in the report, unless otherwise indicated.

5. If amenable, for a mixed DNA profile, a deduced DNA profile for CODIS upload must be reported.

6. All other DNA case work reports (Paternity, Y-STR, mitochondrial) are to include:

(i) A printed and/or electronic copy of the case report.

(ii) Statistics must be calculated, if applicable.

7. A comprehensive list of all lab technicians / analysts that performed any work must be readily available.

• Return of Evidence Extracts and Chain of custody: It is the responsibility of the vendor laboratory to return all unused samples and extracts to the MSPCL not more than six months after submission of samples for testing or sooner upon request of the MSPCL. Copies of all chain of custody documents will be provided when the unused sample portions and the DNA extracts are returned to the MSPCL.

• Keeper of the Records: The vendor laboratory is the keeper of the records for all documentation retained in connection with testing.

• Confidentiality: Test results and supporting documentation are to be released only to the parties identified on the submission letter and/or the MSPCL Director or designated MSPCL point(s) of contact. It is not a breach of confidentiality to release testing results and supporting documentation in response to a discovery motion, court order or subpoena.

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• Subpoenas: It is the sole responsibility of the vendor laboratory to answer any subpoena for expert testimony and documentation in connection with any MSPCL contracted testing. The MSPCL would not be responsible for any fees associated with expert testimony.

• Discovery Motions/Court Orders: It is the sole responsibility of the vendor laboratory to answer any discovery requests or court orders for documentation/records in connection with any MSPCL contracted testing. The MSPCL would not be responsible for any fees associated with discovery requests.

• Quality Control: The MSPCL may submit blind quality control tests to the vendor laboratory. If any inconsistencies are indicated by the blind tests, all testing will be suspended until the issue is resolved. All retesting required for resolution of any quality issue, as determined by the MSPCL Technical Leader(s) of Forensic Biology will be the responsibility of the vendor laboratory. All re-testing costs associated with the identified samples will be the sole responsibility of the vendor laboratory. This retesting should be expedited and documentation detailing the event/resolution must be provided in a timely manner to the MSPCL.

• Testing Discrepancy: A technical issue may result in testing being suspended until the issue is resolved. All retesting required for resolution of any technical issue, as determined by the MSPCL Technical Leader(s) of Forensic Biology will be the responsibility of the vendor laboratory. All retesting costs associated with the identified samples will be the sole responsibility of the vendor laboratory. The resolution of testing issues should be expedited and documentation detailing the event/resolution must be provided in a timely manner to the MSPCL.

• Compliance with National Standards: The vendor laboratory must provide to the MSPCL documentation of compliance with FBI Quality Assurance Standards and the accreditation requirements of federal law.

• On Site Inspection/Audit: The MSPCL will perform on-site visits in accordance with the FBI Quality Assurance Standards (current version). The MSPCL may elect to accept information and documentation generated from an on-site visit coordinated by a designated FBI employee. The cost of an on-site inspection will be the sole responsibility of the vendor laboratory.

• On Site Discrepancy Visit: The MSPCL reserves the right to perform inspections of the vendor laboratory with ten day’s notice if an issue arises during the blind testing or if any other performance issue is determined by the MSPCL Technical Leader(s) of Forensic Biology which compromises quality at the vendor laboratory. The cost of the inspection will be the sole responsibility of the vendor laboratory.

• On Site Visit Prior to contract award: The MSPCL reserves the right to do an on-site evaluation at the vendor laboratory prior to the awarding of the contract for compliance with the FBI Quality Assurance Standards. The MSPCL may elect to accept information and documentation generated from an on-site visit coordinated by a designated FBI employee. Costs associated with this site evaluation will be the sole responsibility of the MSPCL.

• Validation Services: The vendor laboratory must provide the MSPCL with a comprehensive validation plan which can be amended by the MSPCL Technical Leader(s) of Forensic Biology prior to any validation services, on-site or off-site projects must be considered and comprehensive documentation of the validation, including all data generated, must be provided at the completion of the project. Validation Services must include a teach-back to MSPCL staff.

Attachment #1 must be completed. Supplemental pricing information can be provided. Not all services must be priced / provided.

Mandatory Laboratory Requirements:

1. The vendor laboratory shall be accredited by ANAB, ANSI-ASQ National Accreditation Board under the ISO/IEC 17025 requirements and enhanced by ASCLD/LAB-International supplemental requirements or accredited by a comparable accrediting body and will provide a copy of their current accreditation certificate or certificate of compliance with their response.

2. The vendor laboratory shall have in place the capacity to process at least 200 case work samples a month.

3. The vendor laboratory shall have the capacity to process multi-tubes samples for DNA analysis.

4. The vendor laboratory may only utilize a National DNA Index System approved and internally validated expert system, if applicable and approved by the MSPCL DNA Technical Leader, to interpret and review DNA data under this contract.

5. The vendor laboratory shall have in place a capacity to process at least 500 database samples a month.

6. The vendor laboratory will process any samples in accordance with the current FBI Quality Assurance Standards. Compliance with any amendments to the standards during the duration of this contract is mandatory.

7. A copy of the vendor laboratory’s most recent FBI Quality Assurance audit(s) must be provided with their response. Any audit findings and remediations undertaken as a result of this audit must also be provided with their response. Copies of any subsequent audits, findings and remediations during the time period of this contract must be provided to the MSPCL Technical Leader(s) of Forensic Biology. Any audit report and findings must be provided within 30 days of the report being received at the vendor laboratory. Any remediations must be provided within 30 days of their implementation at the vendor laboratory.

8. The vendor laboratory will submit an electronic copy of all protocols to be used in testing to meet the requirements of this contract with their response and will have an ongoing duty to provide any changes to the protocols as they occur to the MSPCL Technical Leader(s) of Forensic Biology for the duration of the contract.

9. The vendor laboratory will provide any policies related to the measures taken to limit contamination and provide any information related to an elimination DNA staff database.

10. Results of the vendor laboratory’s validation summaries will be submitted in electronic format with their response for all processes/ protocols to be used for this contract. There is an ongoing duty to provide any new validation summaries as they occur and any requested supporting documentation to the MSPCL Technical Leader(s) of Forensic Biology for the duration of the contract.

11. The vendor laboratory must provide an organizational chart with their response and send an updated chart with personnel changes as they occur for the duration of this contract.

12. The vendor laboratory must provide the curriculum vitae of the Technical Leader(s) with their response and update with personnel changes as they occur for the duration of this contract.

13. The vendor laboratory must provide the curriculum vitae of any analyst/technician performing tests under this contract upon request.

14. The vendor laboratory agrees to provide court testimony in all subsequent legal actions as necessary. Travel expenses will be paid by the requesting party, not by the MSPCL as part of this contract.

15. The vendor laboratory agrees to provide discovery packets as necessary. The vendor laboratory will indicate if there is a fee and what is routinely provided. Any expenses will be paid by the requesting party, not by the MSPCL as part of this contract.

16. The vendor laboratory will provide a minimum of four “mock reports” with their response:

• Entire item examination including biological testing, including Y-screening, and trace recovery.

• A mixture DNA STR casework report with a case work and a reference sample including comparison and a statistical calculation (reporting with a likelihood ratio as a result of probabilistic genotyping). If available demonstrate the applicable CODIS uploadable profile.

• A DNA Y-STR case work report with a case work and a reference sample including comparison with a statistical calculation, single source and mixture statistical report requested

• If available, a mixture DNA STR casework report with relatedness calculations

• A forensic genealogy report The reports will be reviewed for format and technical completeness.

17. The vendor laboratory will provide a monthly invoice for services rendered during the month which will include quantity, item number, description, unit price, extended price and appropriation number for funding (delineating grant or state funded). A Monthly Manifest will also be sent with the bill which will include the vendor case number, the MSP Case number, number of questioned samples, number of reference samples, total cost and funding appropriation number.

18. The vendor laboratory will provide a Quarterly Performance Review Report on MSPCL Cases which will include documentation for all testing, at a minimum the following: number of samples biologically screened monthly, number of positive and negative sample results for screened items, number of samples DNA tested monthly, breakdown of samples types, how many were STR, Y-STR or other type of test, how many were complete, partial and no profiles, how many were re-extracted, how many were re-amplified, how many were contaminated (samples and controls), and how many times testimony was provided.

19. Exhaustive testing may require a defense expert to observe the testing. The vendor laboratory will indicate whether defense experts are allowed to view testing. If they are allowed to view, the vendor laboratory will indicate if there is a fee to view. Any viewing fee would not be the responsibility of the MSPCL.

20. The vendor laboratory must submit their corrective action policy and any corrective actions for the past year which should include both systemic and analyst corrective actions such as reagent failures, proficiency test failures, instances of corrected reports, or contamination with their response. All names may be omitted.

21. Under the duration of this contract, the vendor laboratory has a duty to annually forward a summary of both systemic and analyst corrective actions.

22. The vendor laboratory is required to notify the MSPCL within ten days if an analyst who is analyzing samples from the MSPCL returns unsatisfactory results on a proficiency test.

23. The vendor laboratory must be in compliance with the proficiency testing manufacturing guidelines established by ANAB, ANSI-ASQ National Accreditation Board under the

ISO/IEC 17025 requirements and enhanced by ASCLD/LAB-International supplemental requirements.

24. The vendor laboratory must provide a comprehensive list of validation services it has provided to outside laboratories in the last 2 years. This documentation should include the name of the laboratory receiving service and a brief summary of the project.

Note: to be considered for a contract award, a bidder does not have to meet this scope of work in its entirety. However, all pertinent certifications for a bidder’s services must be in good standing.

Other Bid Criteria:

1. The vendor laboratory will provide the name of a technical point of contact, an administrative point of contact and a fiscal point of contact at their laboratory. The point of contacts will be accessible to the MSPCL for any matter pertaining to this contract. All calls from the MSPCL should be returned within one business day.

2. The vendor laboratory must provide three references not affiliated with MSPCL, at least two from forensic laboratories.

3. The vendor laboratory must address the following in their response a. the number of years performing forensic testing and the number and type of forensic tests performed yearly; b.

forensic testimony experience; c. CV of technical leader(s); d. organizational chart; e.

summaries of validation studies; f. corrective action policy and actions taken; g. mock reports for completeness; h. protocols

4. The vendor laboratory should provide a 12 month performance review with their response which should include at a minimum the following: number of samples biologically screened monthly, number of samples DNA tested monthly, breakdown of samples types, how many were STR, Y-STR or other type of test, how many were complete profiles, how many were re-extracted, re-amplified, how many were contaminated, samples and controls, and other such data as collected.

5. The potential successful bidder may be required to test up to 30 samples submitted by the MSPCL prior to the award of this contract at no cost to the MSPCL. Any quality issues can be addressed at this time by the MSPCL Technical Leader(s) of Forensic Biology and the technical point of contact at the vendor laboratory or designee.

**EPP promotes the purchase and use of environmentally preferable commodities and services throughout the State and local Commonwealth departments.

• Products and services purchased by state agencies must be in compliance with Executive Order 515, issued October 27, 2009. Under this Executive Order, Executive Departments are required to reduce their impact on the environment and enhance public health by procuring environmentally preferable products and services (EPP’s) whenever such products and services perform to satisfactory standards and represent best value, consistent with 801 CMR 21.00. In line with this directive, all contracts, whether departmental or statewide, must comply with the specifications and guidelines established by OSD and the EPP Program. EPPs are considered to be products and services that help to conserve natural resources, reduce waste, protect public health and the environment, and promote the use of clean technologies, recycled materials, and less toxic products.

• It is desired that awarded contractors submit documentation including specific data sheets on chemicals used in the process of cleaning.

3.1 Fiscal Terms/ Pricing

Compensation will be based solely on the pricing information provided by the Bidder and accepted by the Department.

All work shall be guaranteed by the awarded bidder.

The acquisition methods to acquire goods and/or services from this procurement may be outright purchase and/or fee-for-for service.

The Department requires that the awarded Contractor operate a Contract pursuant to a fiscal structure which shall achieve fiscal transparency, with full reporting and accountability to the MSP.

The achievement of fiscal transparency requires that responding bidders to this RFR fully explain the pricing structure for the required products and services, and whether charges are issued according to a unit rate (e.g., per item, per hour, day, week, per deliverable, or per service), or an all-inclusive price, or a project-based compensation schedule, or by some other pricing method.

Pricing information and considerations should be provided in a straightforward and concise manner.

Any negotiated prices and discounts for subsequent options to renew time periods will be firm for the entire period of the renewal option.

The Department is looking for the “Best Value” response, which is timely, which supports the required performance outcomes, and which provides the greatest quantity of services at the highest quality.

The Commonwealth and Department make no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid.

3.2 Buy American Act

If federal funding is used for this contract and if the Buy American Act applies, bidders should explain how compliance is achieved. Please see link below for the 41 USC Ch. 83 BUY AMERICAN

ACT:

https://uscode.house.gov/view.xhtml?path=/prelim@title41/subtitle4/chapter83&edition=prelim

“Allowable materials.—Only unmanufactured articles, materials, and supplies that have been mined or produced in the United States, and only manufactured articles, materials, and supplies that have been manufactured in the United States substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States, shall be acquired for public use unless the head of the department or independent establishment concerned determines their acquisition to be inconsistent with the public interest or their cost to be unreasonable.”

3.3 Audit of Records

During the term of this Agreement and for a period of five (5) years thereafter, Department of State Police, its auditors, the Operational Services Division, the Office of the Inspector General or other authorized representatives shall be afforded access at reasonable times to Contractor's accounting records, including sales information on any system, reports or files, in order to audit all records relating to goods sold or services performed pursuant to this Agreement. If such an audit indicates that Contractor has materially overcharged Department of State Police, then the Contractor shall remit the overcharged amount and be responsible for payment of any costs associated with the audit.

https://uscode.house.gov/view.xhtml?path=/prelim@title41/subtitle4/chapter83&edition=prelim

The Contractor agrees to allow State and Federal auditors and state agency staff access to all the records related to this contract, and the right to copy those records, for audit, inspection and monitoring of services. Such access will be during normal business hours.

4 OTHER TERMS

4.1 Contractors Terms and Conditions

The Department is not obligated and should not complete, sign or execute any contractor or vendor contracts, invoices or other terms and conditions. It must be clearly understood that the Standard Contract Form and the Commonwealth Terms and Conditions supersede any contractor or vendor contracts, invoices or other terms and conditions. If, by chance, any said contractor or vendor contracts, invoices or other terms and conditions are signed, the signed document is immediately considered invalid.

4.2 Reporting

Contractors are responsible for compliance with all other contract reporting requirements, including, but not limited to, Supplier Diversity Program (SDP) and other contract reports, as required by this contract.

4.3 Contract Management

The Department’s Contract Manager is the point of contact for interested bidders during the procurement process. Bidders may contact the Contract Manager if the bidder is having trouble obtaining any required attachments electronically through Commbuys. Bidders are prohibited from communicating directly with any employee of the procuring department or any member of the SST regarding this RFR except as specified in this RFR, and no other Department employee or representative is authorized to provide any information or respond to any question or inquiry regarding this RFR. The Department’s Contract Monitor is the Department employee responsible for managing and administering the contract upon award. The Department’s Contract Monitor will be the point of contact for the successful bidder and Contractor concerning day to day operational matters and the performance of duties of the contract. The MSP will designate the Contractor Monitor(s) who will work with the Contractor regarding day-to-day operational matters. The Contract Monitor is the lead Project Manager for the MSP.

Contract Manager: Contract Monitor:

Brian Kearnan To Be Announced (TBA)

(508) 820-2127 Brian.J.Kearnan@pol.state.ma.us

4.4 Change Notification

Changes to the Contractor’s contact information, company name, legal address, payment address, tax identification number, authorized signatories, SDO-certification status, or EFT information must be promptly reported via email to the Department’s Contract Manager. In some cases, additional paperwork will be required to affect the change. Any change of address, including remit address, requires immediate written notification and submission of a new W-9 Form, Commonwealth Terms and Conditions and a brief letter written on contractor’s letterhead stating that their address has changed “from” and “to.” If written notification is not received changes cannot be made; therefore any payments will be sent to the address which is currently on file and with no late penalty to the Commonwealth.

4.5 Invoices and Payment

Itemized invoices shall be sent to the proper office by the Contractor no later than 30 days after completion of services or receipt of goods. The Contractor’s invoices at a minimum shall include the following:

• Name and address of Contractor

• Telephone number, fax number, and e-mail contact address o

• Date of invoice and date of delivery

• Name of Department contact person

• Prompt payment discount terms, if offered

• Valid Department of State Police Purchase Order number

All invoices shall be itemized. Itemized invoices shall include a copy of all receipts and any backup documentation. Itemized invoices shall include a complete description for each charge such as number of billable hours, the hourly rate, an explanation and description of the work performed, etc.

Invoicing and credit issues must be resolved in a timely and efficient manner. A copy of the completed, signed and detailed receipt of deliverables, which includes the department employee signature, may be attached to the invoice.

All invoices will be paid in accordance with the Office of the Comptroller's Bill Paying Policy.

Prompt Pay Discounts

Contractors are required to offer prompt pay discounts terms to the Department. Preference or additional points may be given for reasonable offers. If the Contractor offers a prompt pay discount, the discount terms must be clearly indicated on the invoices. The date the prompt payment discount term will begin is the date that the invoice is received and accepted by the Department’s fiscal office or the date of work completion/order receipt, whichever is greater.

Justified Credits

Written credits will be issued to the fiscal office no later than two business days upon request.

Payments will not be processed until written credits are properly received. No penalty will be issued to the Department for late payments caused by disputed invoices.

Tax Exempt

Tax shall not be charged to Executive Branch Departments. The Contractor may request a copy of the Tax-Exempt form from the Department. The Department makes no guarantee that any services will be purchased from any contract resulting from this RFR. The contract resulting from this procurement creates no entitlement or guaranteed funding and payment is subject to completion and acceptance of performance by the Department.

Contractors are agreeing to these terms by submitting a Response to this RFR.

4.6 Contract Amendments

The Department reserves the right to amend this contract. The Department may negotiate changes to the original performance measures, reporting requirements or payment methodologies tied to performance at any time during the contract duration if they are consistent with the specifications of this RFR. The Department reserves the right to negotiate and execute contract amendments with the contractor(s) which the Department determines are necessary to result in the intent of this RFR, to amend the specifications for necessary requirements, or to result in a better valued contract. Negotiation would be with the successful Contractor(s) of this RFR. Amendments may include, but are not limited to, contract dollars, contract performance, increased or decreased obligations, scope of work, quantity, etc.

4.7 Contract Renewal

Prior to the expiration of the initial duration, the Department will notify Contractors of the Department’s intent to renew the contract. Price changes may be requested at that time if supporting documentation of any increases is provided. Renewal rates will be negotiated at the time of the renewal offer. Contract renewal is contingent upon the Contractor’s ability to perform contractual obligations.

4.8 Performance Measures

Any and all work performed through the duration of the contract must be guaranteed by the Contractor to be completed in a workmanship-like manner and according to applicable codes and industry accepted standards. Contractors will only be expected to provide services in their area(s) of expertise; that is, the business for which they receive an award. Each Contractor’s performance will be evaluated on an ongoing basis and will be utilized in determining whether or not to extend the contract. Purchasers may be surveyed as to their satisfaction with the Contractor’s performance under the contract. Contractor performance will also be evaluated based on the number of complaints received from Purchasers. A high number of unresolved complaints will result in a warning to the Contractor and may lead to early termination or non-renewal of that Contractor’s contract.

4.9 Insurance

The Commonwealth of Massachusetts is self-insured and does not pay for additional insurance, which means that it does not purchase separate personal and property liability insurance. The Commonwealth does not provide certificates or other proof of insurance since this is provided for in the statute M.G.L.c.258 (which has the same effect). Therefore, providing this information should obviate the need for providing further proof of insurance. Departments are prohibited from insuring Commonwealth property under M.G.L.c.29,§30 absent specific legislative authorization. This means that a department is prohibited from insuring its property or equipment from damage or loss. In addition to being prohibited from insuring its own property, a department may not insure property it does not own.

The Bidder(s) awarded contracts pursuant to this RFR must have sufficient insurance coverage and this insurance coverage must be maintained during the life of the contract. As part of the response to this RFR, Bidders must provide Certificates of Insurance from their insurance company which may include but is not limited to: Commercial General Liability Insurance, Automobile Liability Insurance, Worker’s Compensation Insurance, Employers Liability Insurance, Professional Liability Insurance. Prior to beginning work pursuant to this RFR with a Subcontractor, the Contractor must provide the Department with certified copies of each Subcontractor’s insurance policies, which must meet the same insurance coverage levels for Contractors as required under this RFR. Any policy limits set in this RFR shall not be interpreted to limit the Contractor’s liability for personal or property damage in the performance of this Contract and the Contractor shall remain fully liable for any personal or property damages in the performance of this Contract.

Certificates of Insurance Bidders must provide copies of all certificates of insurance with their response. Thereafter, Bidders must provide copies of all certificates of insurance on an annual basis.

http://www.state.ma.us/legis/laws/mgl/gl-258-toc.htm http://www.state.ma.us/legis/laws/mgl/29-31.htm

4.10 Contract Termination for Convenience

In accordance with Section 4 of the Commonwealth Terms and Conditions, the Department of State Police may, in its sole discretion, terminate this Contract at any time without cause for its convenience (“Termination for Convenience”) by giving written notice to Contractor thirty (30) calendar days prior to the effective date of termination or such other period as is mutually agreed upon in advance by the parties. If Contractor is not in default or in breach of any material term or condition of this Contract, Contractor shall be paid its reasonable, proper, and verifiable costs, including work performed and accepted up to the date of termination to the extent previous payments made by the Department of State Police to Contractor have not already done so. Such payment shall be Contractor’s sole and exclusive remedy for any Termination for Convenience and, upon such payment by the Department of State Police to the Contractor, the Department of State Police shall have no further obligation to Contractor.