Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  20-000759

 

MEETING DATE:

10/05/21

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

All Districts

SUBMITTING Agency/Department:

Sheriff-Coroner   (Approved)

Department contact person(s):

Ken Burmood (714) 647-1804 

 

 

Bruce Houlihan (714) 834-6380

 

 

Subject:  Approve Amendment Number Two for Life Technologies Corporation Contract

 

      ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Agreement to Form

Discussion

 

 

3 Votes Board Majority

 

 

 

    Budgeted: Yes

Current Year Cost: $40,184

Annual Cost: FY 2022-23 $20,092

 

 

 

    Staffing Impact:

No

# of Positions:

Sole Source: Yes

    Current Fiscal Year Revenue: N/A

  Funding Source: 060: 100%

County Audit in last 3 years: N/A

 

 

    Prior Board Action: N/A

 

RECOMMENDED ACTION(S):

 

Authorize the County Procurement Officer or authorized Deputy to execute Amendment Number Two to the sole source contract with Life Technologies Corporation for maintenance of Genetic Analyzers and Real Time Polymerase Chain Reaction instruments, in an amount not to exceed $60,276, for a cumulative total contract amount not to exceed $141,437, for the term of November 1, 2021, through October 31, 2022.

 

 

 

 

SUMMARY:

 

Approval of Amendment Number Two to the sole source contract with Life Technologies Corporation will allow the Sheriff-Coroner Department to continue to contract for the maintenance of Genetic Analyzers and Real Time Polymerase Chain Reaction instruments in support of the Orange County Crime Lab.

 

 

 

 

 

 

BACKGROUND INFORMATION:

 

The County was awarded $484,711 in 2011 from the U.S. Department of Justice for additional DNA laboratory personnel and laboratory instruments, equipment and related supplies to speed DNA analysis and to increase the number of cases analyzed to prevent future backlogs as casework demands increase. The Genetic Analyzers process DNA samples and provide the genetic profile for each sample. The Real Time Polymerase Chain Reaction (PCR) instruments provide live genetic data on how much DNA is present while the DNA is amplified and prepared for genetic analysis. These diagnostic tests benefit all law enforcement stakeholders in the County, including police departments and the Orange County District Attorney's Office. The system provides investigative leads, reliable suspect identifications and physical evidence for trial.

 

The original contract with Life Technologies Corporation was established as a sole source contract on November 6, 2018, through October 31, 2020.  Amendment Number One to the contract with Life Technologies Corporation for the term of November 1, 2020, through October 31, 2021, in the amount of $21,163, was approved administratively by the County Procurement Officer based on the delegated authority granted by the Board as reflected in the Resolution of the Board authorizing Emergency Contracting Authority dated March 26, 2020.  Sheriff now requests approval for Amendment Number Two to the sole source contract with Life Technologies Corporation for the amount of $60,276, for a cumulative contract total amount of $141,437. 

 

The contract increase is due to the expiration of the warranty for  one of the Genetic Analyzers.  Additionally, the Sheriff-Coroner Department (Sheriff) is purchasing two Ion machines due to critical need for these supplies, which has contributed to an increase in cost.  Life Technologies Corporation is the proprietary and sole manufacturer of the entire line of Genetic Analyzers and related instruments used for the analysis of forensic DNA samples in the OC Crime Lab. The entire OC Crime Lab system has been set up and validated to use the complete Life Technologies Corporation DNA profiling platform, which includes the Genetic Analyzers, DNA typing kits and data analysis software. There is no other vendor offering forensic Genetic Analyzers, nor is there one selling a Genetic Analyzer compatible with the typing systems and data analysis software used in the OC Crime Lab. In addition, the OC Crime Lab's DNA analysts have been extensively trained to operate and maintain this platform. The proposed agreement is a sole source agreement, and a completed Sole Source Request Form is attached to this Agenda Staff Report (Attachment C).  The contract is submitted for Board approval less than 30 days as the vendor did not forward the signed contract in time to submit it for the prior Board meeting.

 

The Contractor’s performance has been confirmed as satisfactory. Sheriff has verified there are no concerns that must be addressed with respect to Contractor’s ownership/name, litigation status or conflicts with County interests.  This contract does not include subcontractors or pass through to other providers, see Attachment D for Contract Summary form.

 

 

 

FINANCIAL IMPACT:

 

Appropriations for this contract are included in the Sheriff-Coroner's Budget for FY 2021-22 for Budget Control 060, and will be included in the budgeting process for future years. This contract contains language allowing the Sheriff-Coroner Department to terminate the contract or reduce the level of services without penalty with cause or 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 Two to Contract MA-060-19010584
Attachment B - Redline Version of Previous Amendment
Attachment C - Sole Source Request Form
Attachment D - Contract Summary Form