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HomeMy WebLinkAbout05.I- Police 5.1 RESOLUTION (ID#2757) DOC ID: 2757 B CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Request for Proposal From: Robert Handy M/CC Meetin g Date: 11/18/2013 Prepared by: Harlan Maass, (909) 384-5742 Dept: Police Ward(s): All Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and Directing the City Manager to Issue a Request for Proposal (RFP) for Private DNA Processing and Database Services. (#2757) Current Business Registration Certificate: Not Applicable Financial Impact: Account Budgeted Amount: $0.00 no financial impact RFP only Account No. 123-210-0972 Account Description: SB30 Grant Funding Balance as o£ <<Insert Date>> Balance after approval of this item: <<Insert Amount» Please note this balance does not indicate available funding. It does not include non-encumbered reoccurring expenses or expenses incurred,but not yet processed. Motion: Adopt the Resolution. The San Bernardino Police Department is currently utilizing the Orange County Crime Lab (OCCL) for DNA testing and state/national DNA database uploads. The state database, CAL- DNA is run by the State of California Department of Justice. This database is comprised of four distinct sections: convicted offenders, arrested offenders, crime-scene samples, and missing persons. Starting in 2009, all persons arrested for any felony within the state are required to submit a DNA sample to the CAL-DNA database. In San Bernardino County, these samples are collected by the San Bernardino County Sheriff's Department during the booking process. The buccal swabs are then sent directly to CAL-DNA for processing and entry into CAL-DNA. CAL-DNA is the largest state DNA database in the country with over 2,131,529 convicted and arrested offender samples and over 55,666 forensic unknown profiles (crime-scene samples) as of July 2013. The state DNA lab receives on average approximately 14,000 new samples each month for inclusion within the database. These samples are received from throughout the entire state. The lab currently has a backlog of samples for analysis. In July 2013, the backlog increased from 29,747 samples to 29,947 samples. All of the backlogged and incoming samples are assessed by a prioritization system based on severity of the crime(s) involved with violent crimes such as Homicides topping the list. As a result of the backlogs experienced at DOJ in conjunction with the DOJ procedures for database searches and comparison review, returns for homicide cases frequently exceed 4-6 months from the time the sample is submitted to the lab until a return is received from DOJ. Various counties within the state complain of returns taking 12-18 months even on homicide cases. Returns on lower priority cases frequently experience delays of over two years. Due to the Updated: 11/13/2013 by Jolena E. Grider B Packet Pg_ !37 5.1 2757 extensive delay for a return on lower priority cases, many agencies have refrained from submitting such cases. While the State is working to reduce the size of the current backlog, ' without substantially increasing their overall capacity, any increased submission of DNA evidence for high-volume (low priority) crimes would simply add to the backlog and further increase the length of the experienced delays for DNA database search results. In an effort to increase the effectiveness of DNA evidence as an investigatory tool in a greater variety of crimes in the city, our agency has been researching the viability of creating a Local DNA Indexing System (LDIS). Numerous agencies throughout the country have experienced dramatic improvements in DNA detection rates by implementing their own databases utilizing software acquired from the private sector. In experiments conducted from 2004-2007 in Denver and Los Angeles, the collection and use of DNA evidence in high volume crimes resulted in significant increases in suspect detection rates. In Denver, nearly 9 out of 10 cases yielded a DNA profile, with nearly half of those cases resulting in an offender database match. Los Angeles experienced similar overall results. At the time of the experiment, the Colorado State database consisted of only 50,000 offender samples. Our department has discussed the concept of creating a regional DNA database (RDIS) working with surrounding police departments and the San Bernardino County Sheriff's department. By establishing a regional database, searches could be conducted in time frames much closer to the original occurrence of the associated crimes. In addition, we are seeking to partner with CAL- DNA and the Police Foundation in a pilot program to utilize known offender data derived from San Bernardino County arrestee data in CAL-DNA to populate the RDIS. This would enable us to have a viable, searchable database from the outset of the acquisition of the software. The CAL-DNA data would be updated on a regular basis as additional samples are added due to felony arrests or convictions. Once the RDIS is established, samples from local crime scenes will be processed and searched against the local database substantially decreasing the delays currently experienced. Any resultant "hits" will result in case filings with the San Bernardino District Attorney for the corresponding offenses. In an effort to create the RDIS, we seek permission to solicit competitive bids from private vendors for a contract for private DNA processing and database services. The OCCL has conducted regular surveys of two private labs, each of whom has expressed an interest in submitting proposals for these services. The costs associated with the acquisition and administration of the database would ultimately be shared among the involved agencies utilizing State prisoner realignment (AB 109) and/or Asset Forfeiture funds. The overall amount spent on the program would not exceed annual allotments from these sources. As such,there will be no expense to the General Fund. City Attorney Review: Supporting Documents: reso 2757 (PDF) RFP Summary Abbrev Min Qual Scope- Exhibit A (DOCX) 10 Updated: 11/13/2013 by Jolena E.Grider B 'r 5.La I RESOLUTION NO. 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 6 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The City Manager is hereby authorized and directed to issue a request d 8 for proposal for private DNA processing and database services. A copy of the technical R 9 0 specifications for which is attached hereto marked Exhibit A. a 10 z a 11 III 0 12 13 L 14 15 m 16 17 ti 18 N O 19 20 E 21 22 a 23 111 24 25 Ill 26 111 27 28 Packet Pg. 139 51a RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 1 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 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting 7 thereof,held on the day of ,2013, by the following vote,to wit: a� 8 Council Members: AYES NAYS ABSTAIN ABSENT 2 9 0 MARQUEZ z 10 0 11 JENKINS O 12 VALDIVIA O 13 SHORETT L 14 VACANT m 15 JOHNSON co 16 MULVIHILL P 17 ti p 18 N O 19 Georgeann Hanna, City Clerk 20 The foregoing resolution is hereby approved this day of ,2013. E 21 r 22 a Patrick J. Morris,Mayor 23 City of San Bernardino 24 Approved as to form: 25 GARY D. SAENZ, 26 City Attorney 27 28 Packet Pg.'14Q 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. N 1.2 Abbreviations and Definitions 0 a For the purposes of this RFP, the following abbreviations or terms have the meanings z 0 indicated below: 0 a. Administrator—SBPD RDIS database administrator d a 0 b. Agency—the unit of State government procuring equipment and services. L R 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. 0° _ Cn d. Allele—an alternative form of a gene. ti e. CAL-DNA— State of California State DNA Indexing System: the State of California's State Data Base. a :s= f. CITY—City of San Bernardino. x w g. CODIS—Combined DNA Index System: the Federal Bureau of Investigation's National c DNA Data Base Comprised of the local, state and national levels. h. Contract—The contract attached to this RFP as Attachment XXX. CY i. Contractor(s)—The selected Offeror(s) d L j. Contractor's Contract Administrator—Person designated as the single point-of-contact in Q 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. E k. Contract Manager(CM)—The San Bernardino Police Department representative that a LL 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. a m. EA—Environmental Assessment n. FONSI—Finding of No Significant Impact Packet Pg.141 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. 0 r. MBE -Minority Business Enterprise. z 0 s. Micro-variants—an allele which does not correspond with an allele of the provided allelic ladder. 0 d t. NFSTC—National Forensic Sciences Technology Center. 0 L u. NIJ—National Institute of Justice. 4) v. NTE -Not-to-Exceed. m M Cn w. OCCL—Orange County Crime Lab N x. Offeror—An entity that submits a proposal for audit services in response to this RFP. a y. Procurement Officer—The SBPD representative responsible for this RFP, for the determination of contract scope issues, and the only CITY representative that can w authorize changes to the contract. c, CL 0 0 z. RFP—This Request for Proposals for Forensic DNA Casework Samples Analysis and a Cn Searchable Database, dated MMMM DD, 2013, including any amendments. M CY aa. SBPD—San Bernardino Police Department. as bb. SBPD RDIS—San Bernardino Police Department Regional DNA Indexing System. Q cc. STR DNA—Short Tandem Repeats, for the purposes of this contract—it is those STRs defined as CODIS acceptable loci. E Z co a LL 1.3 Contract Type The Contracts that result from this RFP shall be an Indefinite Quantity Contract with E Firm Fixed Unit Prices. v ca Q 1.4 Contract Price Adjustments There shall be no price adjustments from the quoted prices. Packet Pg.1142 S.I.b 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. as 1.6 Procurement Officer -_ 0 The sole point-of-contact in the CITY for purposes of this RFP prior to the award of any z contract is the Procurement Officer as listed below: o _ XXX XXXXX o rn San Bernardino Police Department 710 N. "D" Street, San Bernardino, CA, 92401 c 909-384-44## L 909-388-4950 (fax) _ L d SBPD may change the Procurement Officer at any time by written notice to the m Contractors. cn ti 1.7 Contract Manager U-) a Contract Manager—Monitors the daily activities of the contract and provides guidance to the contractor. The SBPD RDIS Contract Manager is: s X w XXX XXXXX a, San Bernardino Police Department 0 710 N. "D" Street, San Bernardino, CA, 92401 N 909-384-#### 909-388-4950 (fax) cY a� L SBPD may change the Contract Manager at any time by written notice to the Contractor. a E E Cn a. U. c E U a Packet Pg. 143 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 o contract period. A copy of the accreditation/compliance certificate shall be submitted z with the technical proposal and be maintained during the contract period. A current copy o will be provided upon request within five business days, during the remainder of the contract period. 0 0) W W 2.1.2 The Contractor shall agree to use the same nuclear STR methodology used by the OCCL c in order to facilitate the evaluation, monitoring and trouble shooting of performance. The 10 contractor must provide documentation that the required methodologies have been = validated prior to any contract being finalized and demonstrate that these methods are m currently operational within their laboratory. The Offeror must submit a statement agreeing to this in the technical proposal. y 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 a 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 x purpose. The review of the EA must result in a FONSI granted by NIJ in order for the w Offeror to be considered for the RFP award. A copy of the FONSI must be submitted a with your technical proposal. 0 Cn M CY d L Q The Rest of the Page is Left Blank Intentionally E U) CL U- r m E s M r Q Packet Pg. 144 5.1.6 1 1 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 o arrestees. The samples are collected using buccal swabs. These samples are z stored at room temperature. o 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 c outsourced each year. Turn around time requirements will range from 1 day o to 30 days. 3.1.5 The STR DNA analysis of these database samples will be performed utilizing m 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. N 3.1.6 The Contractor's laboratory shall agree to begin analysis and entry of SBPD- Q 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 w Assurance Standards for the Forensic DNA and Convicted Offender DNA a� a Databasing Laboratories. This information must be submitted to and approved by 0 the SBPD contract manager in writing prior to the new personnel working on this Cn 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 2 the SBPD contract manager(i.e. project employees). The names of the L individuals with the following job titles, as defined by the FBI's Quality Assurance Standards for Forensic DNA and Convicted Offender DNA Databasing Q Laboratories, shall be documented: Technical Leader, Quality Assurance Officer, and all analysts/technicians qualified to perform database analysis. E Documentation must be provided that describes how the individuals meet the CO specifications for these job titles. The documentation described shall be provided a. 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 E 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 a 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. F S.I.b 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 o of a signed confidentiality statement for each project employee (as defined in z 3.1.9) shall be maintained on file, subject to review by the SBPD. Any use or o 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 1 contract. o S 3.2 Scope of the Proiect L d 3.2.1 This contract will be for a five (5) year period with no options. It is estimated m that the contract would accommodate approximately 5,000 samples per year. cn The majority of the samples will require a turn around time of 30 days. � ti N 3.2.2 Given the irreplaceable nature and confidentiality of the samples, it is critical Q 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, W shall undergo external proficiency testing by a proficiency testing program a that meets the standards issued under the Federal Bureau of Investigation 0 Quality Assurance Standards. Within one week of notification of co manufacturer's results,the Contractor must report to SBPD any discrepancies/errors and the corrective actions put into place to ensure that CO previous casework performed by the analyst and future casework performed by the analyst does not exhibit the discrepancies/errors seen in the proficiency L test. (b) A Class I error, as defined by ASCLD/LAB, on a proficiency test may be Q grounds for immediate termination of this contract upon written notification by the SBPD procurement officer. E E (c) California's DNA Act specifically contains stringent use and disclosure in restrictions and confidentiality protections for DNA samples and profile a. 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 E 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 Q 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 Packet P9:146 51b 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. r 3.3 Technical Procedures—DNA Analysis o Q Z 0 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 0 laboratory location approved by SBPD and OCCL. The Contractor shall not sub- contract SBPD RDIS samples to any other laboratory. c° 3.3.2 The specific details of batch size, the timing of the return of results, and =a 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 m 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. N 3.3.3 The Contractor shall receive and return samples (AT CONTRACTOR'S a 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 :c the time frame of this contract. The acceptable mode of shipping must provide W proper conditions to protect the integrity of the samples, safeguard the chain of o. custody, and assure prompt turn around. The shipper must guarantee the ability to 0 track all shipments. U) 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. i 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 a 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 E to be retested they can be pulled from their original batch for retesting, but shall in remain with the original batch for return to the SBPD within the mandatory turn LL 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 E identified by SBPD RDIS numbers. 3.3.6 The Contractor shall use a currently validated workflow capable of routinely Q 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. Packet Pg. 147 5.I.b 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 a� 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 o punching can be done for samples requiring retesting. If manual punching is z performed by the contractor,the contractor shall supply proper documentation. o 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 °c analysis with a different protocol than was originally used shall be flagged on the =a worksheet(s)with notations regarding the changes and why they were c implemented. a) m 3.3.10 Controls shall be associated with every sample. Each sample used in reporting C shall have an acceptable reagent blank, amplification positive, and amplification negative. Controls shall be dispersed throughout a plate of samples. If a sample is LO repeated, then all controls associated with that sample shall also be repeated. N Controls shall be directly associated(same GMID data file)with their Q 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 w positive controls for a sample but if this is done a complete profile must be a obtained for each positive control. 0 (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 a Technical Leader at OCCL and SBPD. 3.3.11 All reported profiles shall be interpreted in duplicate independently by qualified E analysts. All profiles shall be reported accurately. The use of expert systems in in place of qualified analysts must be approved in writing by the SBPD prior to LL implementation. Upon approval, some of the data presentation parameters may W be modified to ensure proper allele calls. 3.3.12 The data analysis technical parameters and settings such as; minimum/maximum E peak height, and peak height ratio values, shall be determined by the OCCL after reviewing the Contractor's validated workflow. a 3.3.13 The following data analysis parameters shall be followed: Packet Pg. 148 5.1.6 (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. �o (d) Called extraneous peaks shall not be acceptable in the allele calling region. o (e)No composite profiles shall be reported. Q (f) The Contractor shall retest(AT THE CONTRACTOR'S EXPENSE) any o 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 c 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 m easily into CODIS. 3.3.15 Any results deemed by the OCCL or SBPD to not be suitable will be repeated U) (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 N entire sample can be consumed by the contractor. Q 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 x will result in the entire batch being repeated. A second occurrence of an error of W this type may result in termination of the contract. a 3.3.17 All data and all associated controls from failed samples shall be provided to the 0 SBPD in a failed sample report separate from the report generated for the samples N that successfully produced DNA profiles. This data shall include,but not be limited to, GMID files and Excel files. �CY 3.3.18 Prior to reporting a profile, the Contractor shall perform a contamination quality 2 assurance check by electronically comparing the reported profile to a database of L employee and contamination profiles observed in the Contract laboratory. In addition,prior to reporting a profile, the Contractor shall compare the reported `Z 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 E reviewer that these checks were performed successfully must be provided to the in SBPD upon return of the completed batch. a 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 c view. All loci should be labeled on electropherograms. E 3.3.20 Data packages from more than one batch may be returned at one time. Each data package must be packaged separately. a 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. 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 U) data. 3.3.22 The following documentation shall be provided electronically AND in hard copy. o An example of the format in which this information will appear shall be provided z to the SBPD by the Offeror prior to the award of the contract. Modifications will o 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 a) Directors/Laboratory Accreditation Board (ASCLD/LAB) standards. °c (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 m order of Database Number. c (b) Reports of confirmed unusual profiles such as imbalance, N microvariants, and tri-alleles. (c) Chain of Custody. N (d) List of samples that failed to generate a DNA profile. a 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 x been shipped along with the shipment tracking information. w 3.3.24 Contractor shall return all sample cards (AT CONTRACTOR'S EXPENSE), a sealed in their original containers to SBPD. An acceptable mode of transportation 0 is one that provides proper ambient conditions to protect the integrity of the N samples, safeguards the chain of custody, and assures prompt turn-around. Remaining samples shall be returned to SBPD after results for that batch have =CY 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 L will provide a list of samples in each batch completed along with an invoice for approval of payment. Q 3.3.25 Contractor shall agree to provide testimony in legal actions, if needed, subsequent E 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 CL U_ 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 E 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 Q 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 Packet Pc!r 51b 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 o samples. Contractor shall maintain SBPD RDIS identification numbers in addition z to any Contractor generated identification numbers. o 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 c 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. m 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. N 3.4 (Quality Control Assessments of Contractor's Work a 0 3.4.1 The SBPD may assess the quality control of the casework produced by the w Contractor through the random retesting of samples. These samples may be d submitted to the Contractor under different identification numbers or the analysis 0 may be run by the OCCL. N 3.4.2 The SBPD reserves the right to submit blind proficiency tests to the Contractor as a 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 2 issue may result in the termination of the contract as documented in writing by the L SBPD procurement officer. I a 3.5 Technical Procedures—DNA Database/Case Management Svstem E E 3.5.1 The Contractor will provide remote hosted case management software and services W accessible by secure internet connection utilizing a secure login including user M LL name,unique client identifier, and password. r c 3.5.2 SBPD Administrator shall be able to configure software E 3.5.3 w a Packet Pg. 151