DNA Backlog Reduction Program (Outsourcing Analysis): Frequently Asked Questions
These FAQ's only address the National Institute of Justice's (NIJ) Convicted Offender DNA Backlog Reduction Program (Outsourcing Analysis).
FAQ's are available in three areas:
General FAQ's
- What are the goals of the Outsourcing Program?
- Is the Outsourcing Program different from grant programs?
- Why an Outsourcing Program?
- What is NIJ's role?
- What are the States' Roles?
- What are the vendors' roles?
- What is NIJ's long-term vision for the Outsourcing Program?
- How does the contract award process work?
- How does NIJ monitor execution of the program?
- How does NIJ ensure the vendors produce high-quality DNA profiles?
- Who do I contact for more information?
1. What are the goals of the Outsourcing Program?
NIJ's Convicted Offender DNA Backlog Reduction Program (Outsourcing Analysis) has two primary goals:
- Help States reduce their backlog of unanalyzed convicted offender DNA samples.
- Rapidly accelerate the analysis of convicted offender samples collected by the States by providing Combined DNA Index System (CODIS) compatible data for all 13 CODIS core STR loci for State and National DNA databases.
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2. Is the Outsourcing Program different from grant programs?
Yes. The Outsourcing Program differs significantly from other grant programs, especially in the following areas:
- The Outsourcing Program uses multiple government contracts between NIJ and DNA vendors (typically, one or two contracts for each participating State), whereas grants are agreements between NIJ and States.
- NIJ provides funding directly to the vendors, not to the States. These vendors must adhere to Federal contracting regulations and requirements that differ from Federal grant or cooperative agreement programs.
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3. Why an Outsourcing Program?
NIJ believes that to reduce the backlog of Convicted Offender DNA samples, the Outsourcing Program is superior to providing grants or cooperative agreements to the States in the following ways:
- Applying is much simpler for States compared to grants or cooperative agreements.
- Private sector capacity is leveraged to reduce backlogs.
- States work-off their offender backlogs while simultaneously building in-house capacity.
- States implement "best-practices" for convicted offender DNA outsourcing.
- A single contracting entity (the Federal Government) has greater leverage for obtaining pricing discounts than the multiple, smaller contracts awarded by States.
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4. What is NIJ's role?
NIJ awards, administers and monitors the contracts with vendors. NIJ also provides funding for the program through its appropriations.
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5. What are the States' Roles?
The State's specify technical requirements, visit vendor(s) in accordance with FBI Quality Assurance Standards, conduct timely site visits and data reviews, and upload profiles to CODIS.
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6. What are the vendors' roles?
Vendors analyze samples in compliance with contractual requirements, provide required reports and other materials in compliance with Federal contracting and NIJ requirements, and provide excellent customer service.
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7. What is NIJ's long-term vision for the Outsourcing Program?
NIJ's long-term vision is to provide on-demand outsourcing contracts for States with convicted offender backlogs. As long as funding is available States can have a Delivery Order contract with a vendor to analyze some (or all) of their convicted offender backlog.
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8. How does the contract award process work?
There are two phases to the contract award process. The first phase, awarding blanket purchase agreements (BPAs) to qualified vendors, is the sole responsibility of NIJ. In the second phase, vendors compete for Delivery Orders on a per-State basis. Representatives from NIJ and the Contracting Officer review vendor responses to a published Request for Quotation (RFQ).
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9. How does NIJ monitor execution of the program?
NIJ requires both States and vendors to provide tally reports. States provide,among other things, the number of samples shipped and the number of DNA profiles received from its vendors each month. Vendors provide, among other things, the number of samples received and the number of DNA profiles shipped to each State during the month. In addition, States and vendors must routinely notify NIJ of any changes with the awarded Delivery Order contract or any other issues. All amendments to Delivery Order contract awards must be approved by the Contracting Officer beforehand. Please contact NIJ program staff with any concerns or questions: Mr. Mark Nelson, NIJ Program Manager at (202) 616–1960 or Mr. Thurston Bryant, Program Analyst (contractor) at (202) 514-8082.
10. How does NIJ ensure the vendors produce high-quality DNA profiles?
- Vendors are contractually obligated to:
- Follow the FBI's Quality Assurance Standards for Convicted Offender DNA Databasing Laboratories and the FBI's NDIS Standards for Acceptance of DNA Data.
- Have either ASCLD/LAB or FQS-I accreditation.
- Participate in semi-annual external proficiency testing programs.
- Submit to announced or unannounced site visits.
- NIJ provides funding, when available, for States to visit their vendors.
- All Delivery Orders are written using a detailed template that defines clear requirements for data quality.
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11. Who do I contact for more information?
lf you would like to speak with someone at NIJ about this program, please call Mr. Mark Nelson, NIJ Program Manager at (202) 616–1960 or Mr. Thurston Bryant, Program Analyst (contractor) at (202) 514-8082.
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Vendor-Specific FAQ's
NOTE TO VENDORS: NIJ has awarded Blanket Purchase Agreements (BPAs) to nine vendors on GSA Schedule, meeting the FAR requirement for sufficient competition. Vendors desiring to participate in this program but not yet on GSA Schedule must first make their services available through GSA Schedule. Please contact Mr. Ray German, OJP Contracting Officer, at (202) 307–0613 for more detail.
- How does a vendor participate in the program?
- Are vendors on GSA Schedule guaranteed samples?
- Are vendors awarded BPAs from NIJ guaranteed samples?
- What's the Period-of-Performance for BPAs?
- How many vendors compete for Delivery Orders?
- How does NIJ ensure fair and open competition among vendors?
- Can a vendor's proposed per-sample price for a Delivery Order exceed their per-sample price on GSA Schedule?
- What is the process for asking questions about a Delivery Order before it is awarded?
- Are there any restrictions on vendors communicating with States or NIJ?
- Are awards always made to the lowest-cost vendor?
- Once a contract (Delivery Order) is awarded, can it be changed?
- How are optional contract line items (CLINs) executed?
- How and when do vendors get paid?
- Do vendors receive payment for samples that do not yield profiles?
1. How does a vendor participate in the program?
First, vendors must make their services available to the Federal government on GSA Schedule #873, Part2, Chemical Testing and Analytical Services.
Next, the vendor must be awarded a Blanket Purchase Agreement (BPA) by the Office of Justice Programs. Once a vendor has a BPA with the Office of Justice Programs, it can begin competing for Delivery Orders.
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2. Are vendors on GSA Schedule guaranteed samples?
No. Being listed on the GSA schedule does not guarantee receipt of samples or Delivery Order awards. Having DNA analytical services listed on the GSA Schedule is only the first step in the overall competition.
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3. Are vendors awarded BPAs guaranteed samples?
No. Being awarded a BPA does not guarantee receipt of samples. Delivery Orders are awarded based on a competition among vendors. Awards are based on both technical merit and price and ultimately decided by the Contracting Office. Program staff and the Contracting Officer will do their best to make sure that all vendors with BPAs have the opportunity to compete on at least one Delivery Order.
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4. What's the Period-of-Performance for BPAs?
One year. All BPAs also have four, optional, one-year extensions that GSA may choose to exercise at the vendor's request. The vendor must request that GSA exercise the option year each time. (Note: GSA is not obligated to exercise any extensions)
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5. How many vendors compete for Delivery Orders?
According to the Federal Acquisition Regulations (FAR), NIJ is required only to select a sufficient number of vendors to ensure competition. Based on the dollar amount of each particular Delivery Order, this could translate to from three to five vendors for a particular Delivery Order.
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6. How does NIJ ensure fair and open competition among vendors?
- Three or more vendors are provided with the opportunity to bid on each Delivery Order.
- NIJ evaluates all Delivery Order proposals based on technical merit.
- The Contracting Officer makes an award based on a best value judgment that considers both technical merit, price, and threshhold capacity.
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7. Can a vendor's proposed per-sample price for a Delivery Order exceed their per-sample price on GSA Schedule?
No. The price negotiated for GSA Schedule is the maximum price a vendor can propose for a Delivery Order. However, vendors are encouraged to offer discounts for individual Delivery Orders.
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8. What is the process for asking questions about a Delivery Order before it is awarded?
Vendors competing for a Delivery Order should submit all questions to the Contracting Officer. The Contracting Officer will forward technical questions to NIJ , as necessary, then publish the answers in the format of amendments to all competing vendors.
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9. Are there any restrictions on vendors communicating with States or NIJ?
Yes. Federal procurement regulations prohibit vendors from communicating with States and NIJ personnel during the procurement process. The beginning of the procurement process is defined as the date NIJ contacts a State about developing their Delivery Order. The end of the procurement process is defined as the date the Delivery Order is awarded. NIJ realizes that vendors and States may have other, non-NIJ related contractual relationships, and vendors and States can continue to communicate on such matters.
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10. Are awards always made to the lowest-cost vendor?
No. Awards are based on best-value to the Federal Government. "Best value" is determined using a tradeoff process that considers both technical merit, price, and threshhold capacity.
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11. Once a contract (Delivery Order) is awarded, can it be changed?
Yes, but not often and there must be a tangible benefit to the Federal Government.
Changing a Delivery Order is a major endeavor that NIJ will avoid if at all possible. NIJ and the States expend significant time and energy developing the requirements for Delivery Orders. These requirements can be questioned and negotiated before Delivery Orders are awarded. Once awarded, Delivery Orders will be changed only under special circumstances.
Neither the States nor the vendors have the authority to change the requirements in a Delivery Order. The Contracting Officer is the only individual with the authority to modify Delivery Orders. Any unauthorized changes to the requirements in an awarded Delivery Order are considered breach of contract.
In the event that a State desires to change their requirements the following steps must be followed:
- The State must explain in a letter to the Contracting Officer why the change is necessary, and how it will benefit the State or the Federal Government. The letter must be signed by the laboratory director and sent to:
Mr. Raymond German
Contracting Officer
Office of Justice Programs
U.S. Department of Justice
810 Seventh Street NW
Washington, DC 20531
Requests from anyone other than the laboratory director will not be considered. - The Contracting Officer will assess whether the change is so significant that the Delivery Order should be re-competed.
- The Contracting Office may ask vendors to offer "consideration" to the government for the change. Consideration may include, but not be limited to, financial savings or additional sample analysis at no cost to the government.
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12. How are optional contract line items (CLINs) executed?
The Contracting Officer is the only individual with the authority to execute optional contract line items (CLINs), when funding permits. Vendors choosing to analyze samples before receiving authorization from the Contracting Officer may not be paid for the samples.
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13. How and when do vendors get paid?
Vendors are required to submit invoices with signature approval from States and other verifying materials in a timely manner. All invoices that do not include signed approval from States verifying the States official review and acceptance of the analysis transactions will be rejected. NIJ is required to pay the vendors net-30 days from official login and receipt at the OJP Office of the Comptroller.
For NIJ-related questions pertaining to invoices, please contact Ms. Dionne Mitchell, NIJ Contracting Officers Technical Representative, at (202) 305–9003.
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14. Do vendors receive payment for samples that do not yield profiles?
Yes, provided the samples were attempted three times, and each attempt employed altered laboratory conditions.
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DNA Backlog Reduction Program (Outsourcing): State-Specific FAQ's
- How does NIJ accommodate the unique requirements of each participating State?
- Can samples collected from juvenile offenders be analyzed under this program?
- Can samples collected from Arrestees be analyzed under this program
- How many samples can my State analyze under this program
- Are there any restrictions on States communicating with vendors or NIJ?
- Once a contract (Delivery Order) is awarded, can it be changed?
- Does the State have the authority to exercise optional contract line items (CLINs)?
- Can States visit their vendors?
- Who is the NIJ point of contact for participating States?
1. How does NIJ accommodate the unique requirements of each participating State?
NIJ provides a required template that incorporates best practices for DNA outsourcing. Each State will provide information on the genetic test kits, the platform, and analysis software required for their contract and this information will be incorporated into the NIJ template.
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2. Can samples collected from juvenile offenders be analyzed under this program?
Yes. The OJP Office of General Counsel has approved Outsourcing program funds for use on juvenile offenders samples (provided, of course, that the State has the authority to analyze juveniles under their convicted offender statute). Under no circumstances should States upload juvenile profiles to the FBI's National DNA Index System (NDIS).
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3. Can samples collected from Arrestees be analyzed under this program?
Yes. Beginning with the issuance of fiscal year 2007 awards, States will be able also to submit arrestee samples for potential analysis. Funds will be available to cover all individual arrestee samples authorized for collection under State statutes.
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4. How many samples can my State analyze under this program?
NIJ will ensure available funds are fairly distributed among States that have backlogs. If funds are limiting, testing of convicted offender samples will be given priority over arrestee samples.
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5. Are there any restrictions on States communicating with vendors or NIJ?
There are no restrictions on States communicating with NIJ.
Federal procurement regulations prohibit States and vendors from communicating during the procurement process. The beginning of the procurement process is defined as the date NIJ contacts a State about developing their Delivery Order. The end of the procurement process is defined as the date the Delivery Order is awarded. NIJ realizes that vendors and States may have other, non-NIJ related contractual relationships, and vendors and States can continue to communicate on such matters.
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6. Once a contract (Delivery Order) is awarded, can it be changed?
Yes, but not often and there must be a tangible benefit to the Federal Government.
Changing a Delivery Order is a major endeavor that NIJ will avoid if at all possible. NIJ and the States expend significant time and energy developing the requirements for Delivery Orders. These requirements can be questioned and negotiated before Delivery Orders are awarded. Once awarded, Delivery Orders will be changed only under special circumstances.
Neither the States nor the vendors have the authority to change the requirements in a Delivery Order. The Contracting Officer is the only individual with the authority to modify Delivery Orders. Any unauthorized changes to the requirements in an awarded Delivery Order are considered breach of contract.
In the event that a State desires to change their requirements the following steps must be followed:
- The State must explain in a letter to the Contracting Officer why the change is necessary, and how it will benefit the State the Federal Government. The letter must be signed by the laboratory director and sent to:
Mr. Raymond German
Contracting Officer
Office of Justice Programs
U.S. Department of Justice
810 Seventh Street NW
Washington, DC 20531
Requests from anyone other than the laboratory director will not be considered. - The Contracting Officer will assess whether the change is so significant that the Delivery Order should be re-competed.
- The Contracting Office may ask vendors to offer "consideration" to the government for the change. Consideration may include, but not be limited to, financial savings or additional sample analysis at no cost to the government.
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7. Does the State have the authority to exercise optional contract line items (CLINs)?
No. The Contracting Officer is the only individual with the authority to exercise optional contract line items (CLINs). If a State wants to exercise optional CLINs, they must first contact NIJ program staff: Mr. Mark Nelson, NIJ Program Manager at (202) 616–1960 or Mr. Thurston Bryant, Program Analyst (contractor) at (202) 514-8082..
NOTE: States should never send samples for optional CLINs to vendors before the Contracting Officer officially exercises the optional CLIN(s).
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8. Can States visit their vendors?
Yes. NIJ has attempted to provide funds for this purpose. If specific funds are not available States can use their award under the NIJ Forensic DNA Capacity Enhancement Program for this purpose.
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9. Who is the NIJ point of contact for participating States?
For logistics and monthly reporting issues, please call Brenda Worthington, NIJ Program Operations Specialist at (202) 305-7844.
