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Agenda Item
ASR
Control 24-000450 |
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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): |
All
Districts |
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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
Sole Source Tecan US Inc Contract
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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 $117,331 |
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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: N/A |
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RECOMMENDED
ACTION(S):
Authorize the
County Procurement Officer or Deputized designee to execute the Tecan US Inc
sole source contract for the Maintenance and Service of Tecan Instruments,
effective July 1, 2024, through June 30, 2027, in the amount not to exceed of
$476,995, renewable for two additional one-year terms.
SUMMARY:
Approval of the
Sole Source contract with Tecan US Inc will allow the Sheriff-Coroner to
consolidate three separate maintenance and service agreements into this one
agreement, extend the term of the contract, and allow the Sheriff-Coroner to
maintain and service various Tecan Instruments for the Orange County Crime
Lab.
BACKGROUND
INFORMATION:
The
Sheriff-Coroner Department's (Sheriff) Orange County Crime Lab (OCCL) utilizes
Freedom EVO 100, EVO 150, and EVO 200 Workstations (EVOs), sold by Tecan US Inc
(Tecan), in the DNA and Toxicology Sections of the laboratory. The OCCL uses
Freedom EVO 100, EVO 150, and EVO 200 Workstations to extract DNA case samples
through automation.
Following bid
solicitations, the OCCL has been able to purchase a mixture of three EVO 100
Workstations, five EVO 150 Workstations, and one EVO 200 Workstation all within
ten years’ time all under different contracts with Tecan. The Sheriff-Coroner
has three separate maintenance and service contracts with Tecan for its EVO fleet:
MA-060-21011674
Term July 1, 2023 through June 30, 2024;
MA-060-21010135
Term October 22, 2023 through and including October 21, 2024; MA-060-20010925
Term December 7, 2023 through and including December 6, 2024.
The maintenance
and service contracts consist of annual preventative maintenance to ensure the
instruments continue to function with limited interruptions to DNA and
Toxicological testing of evidence.
Sheriff issued two
separate bid solicitations for the Maintenance and Service of the OCCL Tecan
instruments with zero respondents. The first bid solicitation was issued March
12, 2024, and then again re-issued a second bid solicitation March 27, 2024.
Issuing a solicitation is best practice to make sure that the contractor is a
bona fide sole source service provider.
The three
resulting contracts were sole source agreements, which include unlimited on-site repairs and loaned
instruments when repairs/service require off-site work. The contracts are sole
source as Tecan only certifies their own employees as service technicians.
These service technicians have specialized training and expertise to ensure the
instruments continue to operate according to manufacture specifications and
they are also the only supplier of parts for these instruments. An inoperable
instrument, due to lack of maintenance or prolonged response time by a Tecan
service technician, would delay the analysis of DNA and Toxicology samples for
the entire County.
Sheriff would like
to consolidate Tecan contract numbers MA-060-20010925, MA-060-21010135, and
MA-060-21011674 into one. By consolidating the contracts, Tecan has offered a
10 percent discount for the initial three-year term of the contract.
Additionally, combining these contracts into one will add about three years of
services and have them to be coterminous, which in turn allows the OCCL to
manage only one contract. The new agreement will terminate the three prior
agreements and commence the new, longer-term contract for service.
Sheriff now
requests Board of Supervisors (Board) approval of the contract with Tecan
effective July 1, 2024, through June 30, 2027, in the amount of $476,995, as
noted in the Recommended Action. This contract does not include subcontractors or pass
through to other providers. See Attachment E for Contract Summary.
Sheriff 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. The Orange County Preference Policy
is not applicable to this sole source contract. This contract is submitted for
Board approval less than 30 days prior to the effective date as the result of
Sheriff staff conducting two non-responsive bid solicitations.
FINANCIAL IMPACT:
Appropriations for
this Contract will be included in Budget Control 060 Sheriff-Coroner FY 2024-25
Budget and will be included in the budgeting process in 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 - Contract Number
MA-060-24011160
Attachment B – Contract Number MA-060-21011674
Attachment C – Contract Number MA-060-21010135
Attachment D – Contract Number MA-060-20010925
Attachment E - Contract Summary Form