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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: |
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