HomeMy WebLinkAbout2013-318 1 RESOLUTION NO. 2013-318
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING AND DIRECTING THE CITY MANAGER TO
3 ISSUE A REQUEST FOR PROPOSAL (RFP) FOR PRIVATE DNA PROCESSING
4 AND DATABASE SERVICES.
5 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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7 SECTION 1. The City Manager is hereby authorized and directed to issue a request
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for proposal for private DNA processing and database services. A copy of the technical
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specifications for which is attached hereto marked Exhibit A.
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2013-318
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING AND DIRECTING THE CITY MANAGER TO
2 ISSUE A REQUEST FOR PROPOSAL (RFP) FOR PRIVATE DNA PROCESSING
AND DATABASE SERVICES.
3
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5
6
Common Council of the City of San Bernardino at a joint regular meeting
7 thereof, held on the 18thday of November , 2013, by the following vote,to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9
MARQUEZ x
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11 JENKINS x
12 VALDIVIA x
13 SHORETT x
14 VACANT
15
JOHNSON x
16
17 MULVIHILL x
18
c �
19 Georg n Hanna, City Clerk
TX
20 The foregoing resolution is hereby approved this 1 of day of November , 2013.
21
22 ��►
23 Patri• J. Morris, :yor• of San Bernardino
24 Approved as to form:
25 GARY D. SAENZ,
City Attorney
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27 By. �k_c
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EXHIBIT "A"
1.1 Summary Statement
The San Bernardino Police Department intends to establish a firm price agreement with one
qualified source to provide STR analysis and a searchable database of forensic casework
evidence. Only one award is anticipated from this solicitation. The contract shall be awarded
for five (5)years with no options.
1.2 Abbreviations and Definitions
For the purposes of this RFP, the following abbreviations or terms have the meanings
indicated below:
a. Administrator— SBPD RDIS database administrator
b. Agency—the unit of State government procuring equipment and services.
c. Agency Point of Contact—Person designated as the single point of contact for the
Agency in the Request for Proposal sent to the Contractor.
d. Allele—an alternative form of a gene.
e. CAL-DNA—State of California State DNA Indexing System: the State of California's
State Data Base.
f. CITY—City of San Bernardino.
g. CODIS —Combined DNA Index System: the Federal Bureau of Investigation's National
DNA Data Base Comprised of the local, state and national levels.
h. Contract—The contract attached to this RFP as Attachment XXX.
i. Contractor(s)—The selected Offeror(s)
j. Contractor's Contract Administrator—Person designated as the single point-of-contact in
the Offeror's Proposal with the authority and knowledge to resolve contract matters,
customer complaints, etc., on behalf of the Contractor that are not technical in nature.
k. Contract Manager(CM)—The San Bernardino Police Department representative that
serves as the technical manager for the resulting contract. The CM monitors the daily
activities of the contract and provides technical guidance to the Contractor. The SBPD
may change the CM at any time by written notice to the Contractors.
1. DNA—Deoxyribonucleic Acid, genetic material.
m. EA—Environmental Assessment
n. FONSI—Finding of No Significant Impact
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o. GMID - Global Market Information Database.
p. Local Time—Time in the Pacific Time Zone as observed by the CITY.
q. Loci—locations of genetic material, for purposes of this contract—it is those locations
defined as CODIS acceptable loci.
r. MBE -Minority Business Enterprise.
s. Micro-variants—an allele which does not correspond with an allele of the provided allelic
ladder.
t. NFSTC—National Forensic Sciences Technology Center.
u. NIJ—National Institute of Justice.
v. NTE -Not-to-Exceed.
w. OCCL—Orange County Crime Lab
x. Offeror—An entity that submits a proposal for audit services in response to this RFP.
y. Procurement Officer—The SBPD representative responsible for this RFP, for the
determination of contract scope issues, and the only CITY representative that can
authorize changes to the contract.
z. RFP—This Request for Proposals for Forensic DNA Casework Samples Analysis and a
Searchable Database, dated MMMM DD, 2013, including any amendments.
aa. SBPD—San Bernardino Police Department.
bb. SBPD RDIS —San Bernardino Police Department Regional DNA Indexing System.
cc. STR DNA—Short Tandem Repeats, for the purposes of this contract—it is those STRs
defined as CODIS acceptable loci.
1.3 Contract Type
The Contracts that result from this RFP shall be an Indefinite Quantity Contract with
Firm Fixed Unit Prices.
1.4 Contract Price Adjustments
There shall be no price adjustments from the quoted prices.
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1.5 Contract Duration
The term of this Contract is for a period of five (5) years commencing on the date that
CITY executes this contract.
1.6 Procurement Officer
The sole point-of-contact in the CITY for purposes of this RFP prior to the award of any
contract is the Procurement Officer as listed below:
XXX XXXXX
San Bernardino Police Department
710 N. "D" Street, San Bernardino, CA, 92401
909-384-####
909-388-4950 (fax)
SBPD may change the Procurement Officer at any time by written notice to the
Contractors.
1.7 Contract Manager
Contract Manager—Monitors the daily activities of the contract and provides guidance to
the contractor. The SBPD RDIS Contract Manager is:
XXX XXXXX
San Bernardino Police Department
710 N. "D" Street, San Bernardino, CA, 92401
909-3 84-####
909-388-4950 (fax)
SBPD may change the Contract Manager at any time by written notice to the Contractor.
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2.1 MINIMUM QUALIFICATIONS:
2.1.1 The Contractor's laboratory must be currently accredited by the ASCLD/LAB or
Forensic Quality Services as being compliant with ISO 17025 and must have been
recently(within 12 months of the date of this RFP) audited by the National Forensic
Science Technology Center(NFSTC), or other acceptable auditor and found to be in
compliance with the FBI Quality Assurance Standards for Forensic DNA Testing
Laboratories. This accreditation/compliance must be maintained during the entire
contract period. A copy of the accreditation/compliance certificate shall be submitted
with the technical proposal and be maintained during the contract period. A current copy
will be provided upon request within five business days, during the remainder of the
contract period.
2.1.2 The Contractor shall agree to use the same nuclear STR methodology used by the OCCL
in order to facilitate the evaluation,monitoring and trouble shooting of performance. The
contractor must provide documentation that the required methodologies have been
validated prior to any contract being finalized and demonstrate that these methods are
currently operational within their laboratory. The Offeror must submit a statement
agreeing to this in the technical proposal.
2.1.3 The Contract laboratory must have a current Finding of No Significant Impact(FONSI)
granted from the National Institute of Justice(NIJ)which is specific for the scope of
work being performed under this Contract, OR, if no FONSI has currently been granted,
then an Environmental Assessment (EA) must currently be in review at NIJ for this
purpose. The review of the EA must result in a FONSI granted by NIJ in order for the
Offeror to be considered for the RFP award. A copy of the FONSI must be submitted
with your technical proposal.
The Rest of the Page is Left Blank Intentionally
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SECTION 3—SCOPE OF WORK
3.1 PURPOSE,BACKGROUND AND MANDATORY REQUIREMENTS
3.1.1 DNA profiles, when entered into the Combined DNA Index System
(CODIS), are investigative tools that can lead to the identification of
perpetrators of crimes.
3.1.2 The SBPD is creating Regional DNA database of convicted offenders and
arrestees. The samples are collected using buccal swabs. These samples are
stored at room temperature.
3.1.3 The collection of samples from convicted felons in California has been in
effect since 2004. The collection of samples from individuals arrested for
any Felony offense began on January 1, 2009.
3.1.4 It is anticipated that approximately#,000 DNA database samples will be
outsourced each year. Turn around time requirements will range from 1 day
to 30 days.
3.1.5 The STR DNA analysis of these database samples will be performed utilizing
methods and materials approved by the OCCL. If during this contract, a new
testing platform is adopted by the OCCL, then the Contractor will also be
required to adopt that testing platform. The Contractor will not use any new
testing platforms without prior approval by SBPD and OCCL.
3.1.6 The Contractor's laboratory shall agree to begin analysis and entry of SBPD-
RDIS samples within 30 days of contract award.
3.1.7 All personnel hired after the last documented audit must demonstrate
documentation of the educational requirements as defined by the FBI Quality
Assurance Standards for the Forensic DNA and Convicted Offender DNA
Databasing Laboratories. This information must be submitted to and approved by
the SBPD contract manager in writing prior to the new personnel working on this
contract.
3.1.8 The Contractor must also provide a copy of the laboratory table of organization
which includes all personnel who will be involved in any way with this contract to
the SBPD contract manager(i.e. project employees). The names of the
individuals with the following job titles, as defined by the FBI's Quality
Assurance Standards for Forensic DNA and Convicted Offender DNA Databasing
Laboratories, shall be documented: Technical Leader, Quality Assurance Officer,
and all analysts/technicians qualified to perform database analysis.
Documentation must be provided that describes how the individuals meet the
specifications for these job titles. The documentation described shall be provided
to the CITY with the Offeror's offer and whenever a change is made to the table
or personnel roster.
3.1.9 The contractor shall provide a contact person(s) who will be the liaison with the
SBPD RDIS representative who will handle administrative and technical issues.
3.1.10 The Contractor's Laboratory shall maintain a copy of its Procedures Manuals and
the Laboratory Quality Assurance Manual. The Procedures Manuals described
above shall be provided to the SBPD with the Offeror's offer and whenever the
procedures are updated/changed.
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3.1.11 The Contractor's Laboratory shall maintain written guidelines for STR
interpretation, evidence handling, tracking, sample preservation, database
management and security. The guidelines shall be provided to the SBPD with the
Offeror's offer and whenever the guidelines are updated/changed.
3.1.12 The Contractor's Laboratory shall supply documentation to the SBPD RDIS
contract manager of any corrective action reports generated by the Contractor's
Quality Assurance Officer throughout the contract.
3.1.13 The Contractor's Laboratory shall protect the confidentiality of the data. A copy
of a signed confidentiality statement for each project employee (as defined in
3.1.9) shall be maintained on file, subject to review by the SBPD. Any use or
distribution of this data in any form by the Contractor's Laboratory,their
employees or assignees, except by valid request or discovery purposes and
approval by the SBPD, is prohibited and may be grounds for termination of
contract.
3.2 Scope of the Project
3.2.1 This contract will be for a five (5) year period with no options. It is estimated
that the contract would accommodate approximately 5,000 samples per year.
The majority of the samples will require a turn around time of 30 days.
3.2.2 Given the irreplaceable nature and confidentiality of the samples, it is critical
to eliminate opportunities for loss or switching of samples. The Contractor
will be responsible for providing the following:
(a) The laboratory, and each analyst performing DNA analysis at the laboratory,
shall undergo external proficiency testing by a proficiency testing program
that meets the standards issued under the Federal Bureau of Investigation
Quality Assurance Standards. Within one week of notification of
manufacturer's results, the Contractor must report to SBPD any
discrepancies/errors and the corrective actions put into place to ensure that
previous casework performed by the analyst and future casework performed
by the analyst does not exhibit the discrepancies/errors seen in the proficiency
test.
(b) A Class I error, as defined by ASCLD/LAB, on a proficiency test may be
grounds for immediate termination of this contract upon written notification
by the SBPD procurement officer.
(c) California's DNA Act specifically contains stringent use and disclosure
restrictions and confidentiality protections for DNA samples and profile
information. (See e.g., Cal. Pen. Code, § 299.5.) In addition, any individual
who uses a sample or DNA profile for any purpose other than criminal
identification, or the identification of missing persons, or who discloses the
sample or DNA profile to an unauthorized person, faces "imprisonment in the
state prison." (§ 299.5 subd. (i)(1)(A). The contractor will be provided a copy
of this statute upon request and will certify that:
(i) They have notified their personnel of the potential for criminal
penalties should they inappropriately release information. Any outside
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inquiries related to the processing of SBPD RDIS samples shall be
immediately reported to SBPD. No information regarding the
processing of SBPD RDIS samples shall be provided without prior
written approval by SBPD.
(d) They have returned all data and samples to the SBPD prior to completion of
the contract period with the exception of extracted and amplified DNA.
3.3 Technical Procedures—DNA Analysis
3.3.1 The Contractor's laboratory must be capable of beginning analysis within 30 days
of award of the contract. Samples shall only be tested at the Contractor's
laboratory location approved by SBPD and OCCL. The Contractor shall not sub-
contract SBPD RDIS samples to any other laboratory.
3.3.2 The specific details of batch size, the timing of the return of results, and
shipments of samples will be worked out in writing between the SBPD Contract
Manager and the Contractor prior to the first shipment of samples; however, the
Contractor must be capable of handling a batch size of 500-1000 database
samples per week. The contract laboratory must have the ability to produce a turn
around time for a batch of database samples within 30 calendar days of receiving
the samples.
3.3.3 The Contractor shall receive and return samples (AT CONTRACTOR'S
EXPENSE) in quantities and at intervals agreed upon in writing by the SBPD and
the Contractor, as long as the agreement permits the completion of analysis within
the time frame of this contract. The acceptable mode of shipping must provide
proper conditions to protect the integrity of the samples, safeguard the chain of
custody, and assure prompt turn around. The shipper must guarantee the ability to
track all shipments.
3.3.4 The Contractor shall notify the SBPD Contract Manager if the samples appear to
be damaged during the shipping or if the sample identifiers do not match the
shipping manifest. Samples shall not be rejected by the Contractor for testing
without the expressed written permission of the SBPD.
3.3.5 The Contractor shall identify the samples throughout the testing process with the
SBPD RDIS unique identification number or the number provided to the
Contractor on the manifest list. Samples shall be processed in numerical order and
in the same order that the samples are listed on the manifest list. If samples need
to be retested they can be pulled from their original batch for retesting,but shall
remain with the original batch for return to the SBPD within the mandatory turn
around time. Under extreme circumstances, samples that cannot be returned with
their original batch must be included with the following batch returned to the
SBPD. All reporting documents (electronic and hard copy) shall have samples
identified by SBPD RDIS numbers.
3.3.6 The Contractor shall use a currently validated workflow capable of routinely
obtaining a 97% or greater success rate as defined by the ability to obtain a
complete DNA profile for the sample. The workflow method must be certified
by OCCL.
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3.3.7 Procedural changes affecting the SBPD RDIS sample processing shall not be
implemented unless approved in writing by the SBPD ten working days prior to
the processing of the sample. The Contractor shall provide documentation for
these changes to the SBPD. The use of in-house and other proprietary primer
sets, or other commercially available kits for the loci requested IS NOT
ACCEPTABLE.
3.3.8 If need be,the entire sample may be consumed by the Contractor.
3.3.9 The sample punch shall be automated and validated for use. Manual sample
punching can be done for samples requiring retesting. If manual punching is
performed by the contractor, the contractor shall supply proper documentation.
SBPD understands that the procedures used for any repeat testing of the samples
may differ from the original procedure in order to enhance the likelihood of
obtaining a complete profile. These procedures shall be validated and contained in
the Contractor's approved procedures and protocols. Samples undergoing repeat
analysis with a different protocol than was originally used shall be flagged on the
worksheet(s)with notations regarding the changes and why they were
implemented.
3.3.10 Controls shall be associated with every sample. Each sample used in reporting
shall have an acceptable reagent blank, amplification positive, and amplification
negative. Controls shall be dispersed throughout a plate of samples. If a sample is
repeated, then all controls associated with that sample shall also be repeated.
Controls shall be directly associated (same GMID data file)with their
corresponding samples.
(a) The amplification positive shall be 9947A and it will be considered acceptable
when the correct alleles are produced. The Contractor may run multiple
positive controls for a sample but if this is done a complete profile must be
obtained for each positive control.
(b) The amplification negative shall be considered acceptable when it
demonstrates no true alleles (peaks).
(c)The reagent blank shall be introduced during the extraction procedures. It shall
be considered acceptable when it demonstrates no true alleles.
(d) The ladders shall be considered acceptable when all appropriate alleles are
present and correctly labeled.
(e) Any other controls used must be pre-approved in writing by the DNA
Technical Leader at OCCL and SBPD.
3.3.11 All reported profiles shall be interpreted in duplicate independently by qualified
analysts. All profiles shall be reported accurately. The use of expert systems in
place of qualified analysts must be approved in writing by the SBPD prior to
implementation. Upon approval, some of the data presentation parameters may
be modified to ensure proper allele calls.
3.3.12 The data analysis technical parameters and settings such as; minimum/maximum
peak height, and peak height ratio values, shall be determined by the OCCL after
reviewing the Contractor's validated workflow.
3.3.13 The following data analysis parameters shall be followed:
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(a)Microvariants and off-ladder alleles: The Contractor shall rerun(AT THE
CONTRACTOR'S EXPENSE) any microvariant not included in the allelic
ladder(to include virtual bins)to confirm.
(b) Spikes: Called spikes shall not be acceptable if they fall in an interfering
position affecting the sizing of a true allele or ladder.
(c) Tri-alleles shall be re-amplified and rerun (AT THE CONTRACTOR'S
EXPENSE) for verification.
(d) Called extraneous peaks shall not be acceptable in the allele calling region.
(e)No composite profiles shall be reported.
(f)The Contractor shall retest(AT THE CONTRACTOR'S EXPENSE) any
sample that the OCCL or SBPD determines to be of poor quality(excessive
pull-up or artifact observed,poor peak shape). The SBPD will provide written
communication of any rejected samples.
(g) The Contractor must notify SBPD Contract Monitor of any occurrences of
items listed in a, b, or c with the return of the batch
3.3.14 It is imperative that both the Contractor and the OCCL use compatible software in
order to ensure that the data can be analyzed in both laboratories and uploaded
easily into CODIS.
3.3.15 Any results deemed by the OCCL or SBPD to not be suitable will be repeated
(AT CONTRACTOR'S EXPENSE) until results are accepted by SBPD, or when
SBPD agrees that the sample is not sufficient to produce a profile. If need be, the
entire sample can be consumed by the contractor.
3.3.16 The Contractor MUST have a mechanism in place to avoid sample switching.
Any potential sample switches determined by SBPD Quality Control procedures
will result in the entire batch being repeated. A second occurrence of an error of
this type may result in termination of the contract.
3.3.17 All data and all associated controls from failed samples shall be provided to the
SBPD in a failed sample report separate from the report generated for the samples
that successfully produced DNA profiles. This data shall include,but not be
limited to, GMID files and Excel files.
3.3.18 Prior to reporting a profile, the Contractor shall perform a contamination quality
assurance check by electronically comparing the reported profile to a database of
employee and contamination profiles observed in the Contract laboratory. In
addition,prior to reporting a profile, the Contractor shall compare the reported
profile to profiles from other samples tested at the same time to ensure that the
reported profile is unique. Printed or written documentation initialed by the
reviewer that these checks were performed successfully must be provided to the
SBPD upon return of the completed batch.
3.3.19 All electropherograms shall have reported peaks labeled with the appropriate
allele call, the base pair value and the associated Relative Fluorescent Units in one
view. All loci should be labeled on electropherograms.
3.3.20 Data packages from more than one batch may be returned at one time. Each data
package must be packaged separately.
3.3.21 The following documentation shall be ELECTRONICALLY provided with the
reported profiles. An example of the format in which this information will appear
shall be provided to the SBPD by the Offeror prior to the award of the contract.
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Modifications will be allowed, however any subsequent changes to this format
must be pre-approved in writing by SBPD.
(a) Copies of all completed extraction, quantitation(if applicable) and
amplification worksheets, load sheets, and data files for GMID.
(b) All data(both reported and not reported) shall be reported. The
reported data should be provided in a separate folder from the not reported
data.
3.3.22 The following documentation shall be provided electronically AND in hard copy.
An example of the format in which this information will appear shall be provided
to the SBPD by the Offeror prior to the award of the contract. Modifications will
be allowed, however any subsequent changes to this format must be pre-approved
in writing by SBPD. All hard copy documentation returned shall be properly
labeled in accordance with American Society of Crime Laboratory
Directors/Laboratory Accreditation Board (ASCLD/LAB) standards.
(a)Documentation describing the sample history including which
run the sample was in,which run the sample was reported from, the
specimen ID,profile and review sheets. All samples shall be in numerical
order of Database Number.
(b)Reports of confirmed unusual profiles such as imbalance,
microvariants, and tri-alleles.
(c) Chain of Custody.
(d) List of samples that failed to generate a DNA profile.
3.3.23 Data packages shall contain complete profiles and be shipped to SBPD using an
overnight carrier. The SBPD shall be notified via email when a data package has
been shipped along with the shipment tracking information.
3.3.24 Contractor shall return all sample cards (AT CONTRACTOR'S EXPENSE),
sealed in their original containers to SBPD. An acceptable mode of transportation
is one that provides proper ambient conditions to protect the integrity of the
samples, safeguards the chain of custody, and assures prompt turn-around.
Remaining samples shall be returned to SBPD after results for that batch have
been accepted and no repeat analysis is needed. This acceptance will be conveyed
in writing to the Contractor from the SBPD Contract Manager. The Contractor
will provide a list of samples in each batch completed along with an invoice for
approval of payment.
3.3.25 Contractor shall agree to provide testimony in legal actions, if needed, subsequent
to a match being made between an unsolved casework DNA profile and one of the
database samples analyzed by the Contractor. Such testimony could be either
onsite or by remote video expert witness testimony when approved by the
corresponding court. The Contractor's testimony must be provided by either a
reviewer of the data involved in the match or by the DNA Technical Leader. If it
is necessary for any Contract personnel to provide a deposition or testimony, the
Contractor will be paid for each person authorized by the Contract Manager. The
Contractor will be paid the hourly rate and/or daily rate specified in its Financial
Proposal, or a prorated portion thereof rounded off in 15-minute increments, for
each hour or increment, that each authorized person spends preparing for and/or
providing the actual deposition or testimony. Each authorized person must
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document the nature and rationale for any billable preparation time, to the
satisfaction of the Contract Manager. The Contractor will also be paid the hourly
rate, or prorated portion thereof, for all time spent by each authorized person
traveling within California to attend a deposition, hearing or court session.
Contractor's testimony shall be a fixed rate and may not be subjected to additional
costs.
3.3.26 Chain of custody is a paramount concern to SBPD. Contractor's personnel shall
verify receipt of all shipments and maintain a proper chain of custody of all
samples. Contractor shall maintain SBPD RDIS identification numbers in addition
to any Contractor generated identification numbers.
3.3.27 Samples shall be stored in a proper manner to prevent loss, cross transfer,
contamination and/or deleterious change.
3.3.28 Extracted and amplified DNA samples shall be retained by the Contractor until
the end of the contract period or a mutually agreed upon period, for any additional
testing, if needed. At the end of the contract, the extracted and amplified DNA
will be discarded by the Contractor. A certified letter must be sent to the SBPD
Contract Manager when this is completed.
3.3.29 The Contractor will certify prior to completion of the contract that it retains no
data or samples from the SBPD RDIS in their laboratory either physically or
electronically.
3.4 Quality Control Assessments of Contractor's Work
3.4.1 The SBPD may assess the quality control of the casework produced by the
Contractor through the random retesting of samples. These samples may be
submitted to the Contractor under different identification numbers or the analysis
may be run by the OCCL.
3.4.2 The SBPD reserves the right to submit blind proficiency tests to the Contractor as
a means of assessing the quality control of the work produced.
3.4.3 Inconsistent results occurring more than once and deemed to be a quality control
issue may result in the termination of the contract as documented in writing by the
SBPD procurement officer.
3.5 Technical Procedures—DNA Database/Case Management System
3.5.1 The Contractor will provide remote hosted case management software and services
accessible by secure internet connection utilizing a secure login including user
name, unique client identifier, and password.
3.5.2 SBPD Administrator shall be able to configure software
3.5.3