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Agenda Item
ASR
Control 24-000433 |
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MEETING
DATE: |
06/25/24 |
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legal entity taking action: |
Board
of Supervisors |
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board of supervisors district(s): |
2 |
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SUBMITTING Agency/Department: |
Sheriff-Coroner (Approved) |
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Department contact person(s): |
Andrew
Stephens (714) 647-1833 |
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Stephanie
Callian (714) 834-4520 |
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Subject: Approve
Renewal of Amendment Number Three with AB Sciex, LLC
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ceo CONCUR |
County Counsel Review |
Clerk of the
Board |
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Concur |
Approved Agreement to Form |
Discussion |
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3 Votes Board Majority |
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Budgeted: N/A |
Current
Year Cost: N/A |
Annual
Cost: FY 2024-25 $166,369 |
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Staffing
Impact:
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No |
#
of Positions: |
Sole
Source: Yes |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: 6/6/2023 #28, 6/28/2022 #18, 6/28/2016
#4 |
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RECOMMENDED
ACTION(S):
Authorize the
County Procurement Officer or Deputized designee to execute the sole source
Amendment Number Three with AB Sciex, LLC for service, preventative
maintenance, and software updates of three Liquid Chromatograph Triple
Quadrapole Time of Flight X500R Systems and revise Attachment B, Compensation
and Pricing Provisions, Section 2. Fees and Charges as well as to renew for the
term effective July 19, 2024, through July 18, 2025, in the not to exceed
amount of $175,000, for a new cumulative not to exceed amount of $331,796.
SUMMARY:
Approval of sole
source Amendment Number Three with AB Sciex, LLC will allow the Sheriff-Coroner
Department to service and maintain the Liquid Chromatograph Triple Quadrapole
Time of Flight X500R System that will enhance the analytical capabilities of
the Orange County Crime Laboratory Toxicology Section.
BACKGROUND
INFORMATION:
The Orange County
Crime Laboratory (OC Crime Lab) services over 30 law enforcement agencies
including the California Highway Patrol and the Sheriff-Coroner Department
(Sheriff), and supports all forensic evidence collection, evaluation, and
interpretation within the County of Orange. OC Crime Lab relies on the most
current technology to stay ahead of crime trends including drug use and abuse
prevalence. The OC Crime Lab currently analyzes all biological samples obtained
in drug-facilitated sexual assaults, homicides, driving under the influence
cases and certain death investigations.
According to the
2014 National Survey on Drug Use and Health, an estimated one in 10 Americans,
10.2 percent of the population, reported illicit drug use in the last 30
days. Additionally, more than 16 percent
of weekend and nighttime drivers tested positive for illegal, prescription or
over-the-counter drugs per the National Highway Traffic Safety
Administration. Deaths from drugged
driving have nearly doubled since 1999, accounting for nearly one-third of all
traffic deaths in 2010. With Oregon, Colorado, and Washington legalizing the
use of marijuana for recreation purposes, and Proposition 47 further
decriminalizing scheduled illicit drugs reducing many drug cases from felonies
to misdemeanors, the public’s attitude towards drugs has made the use of many
illicit and significantly intoxicating medications socially acceptable. The
internet also provides opportunities for drug chemistry development and
distribution, making many new and dangerous synthetic compounds available to
the general public.
The OC Crime Lab
has seen the number of biological drug analyses double in 12 years and a steady
year-over-year increase in the number of overdose deaths within the County. The
Toxicology Section alone completed nearly 28,000 exams on more than 6,000 cases
in 2015, an average of nearly five drug exams per case.
On March 16, 2016,
Sheriff issued a solicitation for the purchase of a LC QTOF)X500R System and AB
Sciex, LLC (AB Sciex) was the only respondent.
Acquisition of the
Liquid Chromatograph Triple Quadrapole Time of Flight (LC QTOF) X500R System in
2016 significantly improved the OC Crime Lab’s ability to provide comprehensive
drug detection and prevalence information to its varied stakeholders including
the District Attorney’s Office, the Sheriff’s Coroner Division, and the
numerous certified Drug Recognition Experts throughout the County. The OC Crime
Lab spent 2.5 years establishing proof of concept of new comprehensive drug screening
technology widely utilized by the pharmaceutical industry, which is the LC QTOF
X500R System. The technology allows the
OC Crime Lab to screen for over 1,000 chemicals; this includes illicit and
synthetic compounds like fentanyl and its analogs, prescription drugs and
over-the counter medications. This vastly improves our previous targeted-drug
screening approach of 50 compounds. It
allows for very rapid analysis, mitigating the loss of unstable drugs over time
due to analysis delay. It is a less destructive technique as it does not
require volatilization, derivatization or extensive extraction. It permits the
acquisition of data to analyze compounds not yet seen in Orange County. Most
importantly, it makes it easier to collect data to better direct research and
the use of resources.
The table below
shows the recent contract history with AB Sciex
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Board
of Supervisors (Board) Approved |
Amendment Number or Contract |
Contract
Term |
Contract
Amount |
Comments |
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6/28/16 |
Purchase Order |
One-Time Purchase |
$466,281 |
One-Time Purchase PO-060- 16012065
approved by the Board pursuant to the County's 2012 Contract Policy Manual,
Section 3.1. |
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n/a |
Contract |
6/19/20 - 6/18/22 |
$72,431 |
New sole source contract MA-060-20010412
for the service and maintenance only of the LC QTOF, was approved
administratively by the County Procurement Office (CPO) based on the
delegated authority granted by the Board as reflected in the County's 2019
Contract Policy Manual, Section 3.1. |
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6/28/22 |
One |
7/19/22 - 7/18/23 |
$40,954 |
Amendment Number One to contract
MA-060-20010412 was approved pursuant to the County's 2021 Policy Manual
Section 3.3. The effective dates were revised to co-term with the service and
maintenance dates. |
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6/6/23 |
Two |
7/19/23 - 7/18/24 |
$43,411 |
Amendment Number Two to contract
MA-060-20010412 was approved pursuant to the County's 2021 Policy Manual
Section 3.3. |
This is a sole
source contract. The original purchase of the instrument was competitively bid.
AB Sciex is a proprietary company, and only current employees/technicians are
trained to the level necessary to maintain the instrument at peak performance.
Necessary, regular, software updates can only be performed by technicians
receiving continuous factory training with access to those proprietary software
updates. The software used to diagnose problems is proprietary to AB Sciex and
there are no authorized distributors or resellers of their service plans.
Sheriff now
requests Board approval of the AB Sciex sole source Amendment Number Three as
noted in the Recommended Action. The contract not to exceed amount is being
increased from $43,411, to $175,000, due to the addition of two more
instruments to this service and maintenance contract.
This contract does not include subcontractors or pass through to other
providers. See Attachment C for Contract Summary. Contractor
performance has been confirmed as satisfactory. The Department has verified
that there are no concerns that must be addressed with respect to contractor's
ownership/name, litigation status or conflicts with County interests.
FINANCIAL IMPACT:
Appropriations for
this Contract are included in Budget Control 060, Sheriff-Coroner, FY 2024-25 Budget
and will be included in the budgeting process for future years. The contract
contains language allowing the Sheriff-Coroner Department to terminate the
contract without penalty with cause or after 30 days of written notice without
cause in the event that funding is reduced and/or not available to continue
funding the contract.
STAFFING IMPACT:
N/A
ATTACHMENT(S):
Attachment A - Amendment Number
Three to Contract MA-060-20010412
Attachment B - Redline of Previous Contract
Attachment C - Contract Summary Form