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DOL SPECIAL TERMS AND CONDITIONS <br /> <br />Department of Licensing Page 5 of 36 Contract No: K9319 <br /> <br />4. PERIOD OF PERFORMANCE <br />Per WAC 308-100-140(b), the initial period of performance shall be from January 1, 2026, through <br />January 1, 2028 (initial term is 2 years). This Agreement may be extended for additional terms, not to <br />exceed a maximum of four years. The expiration or termination of this Contract automatically <br />withdraws the Contractors’ authority to engage in any third-party testing. <br /> <br />5. CONSIDERATION <br />No monies shall be exchanged between the Parties under this Agreement. The amount charged to the <br />Applicants by the Contractor must be approved, in advance by DOL. <br /> <br />6. ATTACHMENT A–STATEMENT OF WORK <br />The Contractor shall provide the services and staff and otherwise do all things necessary for or <br />incidental to the performance of work, as set forth in Attachment A- Statement of Work. <br /> <br />7. BACKGROUND CHECKS <br />Each Examiner must pass an FBI National Background check in accordance with federal regulation <br />49.C.F.R. § 384.228. As an additional requirement, a Washington State Patrol (WSP) Background <br />check for each Examiner is required upon contract initiation and contract renewal/extension at the <br />Contractor’s expense. <br /> <br />8. AUDITS <br />DOL will conduct Audits of the Contractor to determine compliance with this Agreement, with all <br />Examiner certification requirements, and with 49 C.F.R. § 383.75. Audits will also measure <br />Contractor’s ability to properly perform CDL Examinations and compliance with Attachment H, DOL <br />Privacy and Data Security Requirements, as follows: <br /> <br />a. Annual Audits: DOL will conduct performance audits annually, at a minimum, to verify the <br />Contractor’s compliance with this Agreement and to further verify employee certification. <br />Contractor’s failure to permit the Audit will result in the suspension of the Contractor’s <br />authorization to perform CDL Third Party Testing. Only the Examiners who are properly <br />certified at the completion of the Audit will maintain their authorization to conduct Third Party <br />Examinations. DOL reserves the right to check the TPE’s driving record at any time to <br />ensure Examiners maintain the required qualifications. <br /> <br />b. Random Audit or Investigation: In addition to Annual Audits, DOL may conduct random <br />overt, covert, and administrative audits or investigations. Audits or Investigations will be <br />performed at DOL’s discretion. Contractor’s failure to comply with the Audit or Investigation <br />shall result in one or more of the following: <br /> <br />i. Contractor submission of a Resolution Action Plan for DOL’s approval <br />ii. Contractor requirement to attend supplemental training. <br />iii. Suspension of the Contractor’s authorization to engage in any CDL testing under this <br />Agreement. <br />iv. Immediate Contract Termination <br />c. Data Security & Permissible Use Audits: DOL may conduct data security and permissible <br />use audits. By entering this Contract, Contractor acknowledges its obligation to provide DOL <br />access to complete unredacted copies of records for audit purposes. DOL may accept a <br />data security audit if the audit was conducted on the Contractor within the prior 12 months <br />of DOL’s request. Failure to disclose records or cooperate with DOL will be considered a <br />breach of this Contract and may result in Contract termination. <br />Docusign Envelope ID: 4798BD77-1E90-44A1-9098-432C0EDF7393