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DATE: |
September 9, 2025 |
02 |
SUBJECT
Title
SHERIFF – REQUEST FOR SINGLE SOURCE PROCUREMENT FOR FORENSIC TOXICOLOGY SERVICES FROM BIO-TOX LABORATORIES INCORPORATED (DISTRICTS: ALL)
Body
OVERVIEW
The San Diego County Sheriff’s Regional Crime Laboratory (Crime Lab) receives over 3,000 requests annually from law enforcement agencies throughout San Diego County for forensic toxicology services, or for testing of controlled substances in the blood or urine of criminal offenders. The test results are a crucial tool to criminal investigations and are essential in the prosecution of the offenders.
The Crime Lab is in the process of establishing an in-house toxicology program, which will help advance the standardization of toxicology practices and will decrease the amount of toxicology services outsourced to a third-party laboratory. The in-house toxicology program is estimated to go live by the end of 2025. While the Crime Lab is in the process of implementing this in-house drug testing program, its scope will not include analysis for all types of substances. Bio-Tox Laboratories Incorporated (Bio-Tox) will continue to provide testing for drugs that fall outside the capabilities of the internal program. Additionally, Bio-Tox offers expert testimony services that are critical to supporting legal proceedings. The Crime Lab previously contracted these services to Bio-Tox until the contract expired on December 31, 2024.
Today’s request is to authorize the Director of Purchasing and Contracting to establish a new contract with Bio-Tox for one year, with four option years and a six-month extension if needed, subject to the availability of funds, and to amend the contract as required to reflect changes to services and funding allocations, subject to the approval of the Sheriff.
RECOMMENDATION
SHERIFF
In accordance with Board Policy A-87, Competitive Procurement, approve and authorize the Director of the Department of Purchasing and Contracting to enter into negotiations with Bio-Tox Laboratories Incorporated and subject to successful negotiations and a determination of a fair and reasonable price, award a contract for toxicology testing services for up to one year and four option periods and an additional six months if needed, and to amend the contract as needed to reflect changes to requirements and funding, subject to the approval of the Sheriff.
EQUITY IMPACT STATEMENT
Toxicology testing benefits the residents in San Diego County, especially victims of crimes where there is suspected use or presence of drugs. Necessary and timely toxicology testing ensures the accountability of offenders and allows for the deliverance of justice on behalf of the victims. The ability to test for drugs and substances as well as interpret the results in court cases is critical in the prosecution of cases. Successful prosecution is a step in bringing healing for the victims of crimes, many of whom have likely been impacted by inequities and inequalities.
SUSTAINABILITY IMPACT STATEMENT
Today’s action supports the County of San Diego’s Sustainability Goal of providing just and equitable access for victims of crimes and those who may have been wrongfully accused of a crime. Continuing the contract with Bio-Tox Laboratories Incorporated ensures full access to comprehensive toxicology testing which benefits everyone.
FISCAL IMPACT
Funds for this request are partially included in the Fiscal Year 2025-26 Operational Plan for the Sheriff’s Office. If approved, this request will result in estimated current year costs of $760,000. The funding source is existing General Purpose Revenue. Costs for each of the four optional years, if exercised, are estimated at $700,000 (Fiscal Year 2026-27), $600,000 (Fiscal Year 2027-28), $400,000 (Fiscal Year 2028-29), and $300,000 (Fiscal Year 2029-30). A reduction in annual costs will begin in year two moving forward as the services would be reduced, for a maximum total contract cost of $4,215,486. Annual costs for each option year, if exercised, will be included in future Operational Plans for the Sheriff’s Office. There will be no change in net General Fund cost and no additional staff years.
BUSINESS IMPACT STATEMENT
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Details
ADVISORY BOARD STATEMENT
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BACKGROUND
Toxicology is a division of forensic medicine concerned with the detection of the criminal use of poisons and impairing substances, including illicit drugs. Specifically, blood and urine samples are analyzed for the presence of impairing substances for persons arrested for being under the influence. The San Diego County Sheriff’s Regional Crime Laboratory (Crime Lab) receives over 3,000 requests annually for drug toxicology testing from law enforcement agencies in San Diego County. The ability to test for these substances is crucial to the prosecution of cases. Therefore, the Crime Lab requires such testing services on an ongoing basis.
The Crime Lab is accredited through the American National Standards Institute National Accreditation Board (ANAB). Accreditation includes selecting qualified suppliers that comply with the standards required by ANAB. ANAB accreditation ensures a lab meets strict technical and management standards for competent staff, reliable methods, calibrated equipment, quality controls, and proper documentation. It is the highest accreditation standard a laboratory can achieve. One such requirement for toxicology services is to be accredited by ANAB and the American Board of Forensic Toxicology (ABFT). Bio-Tox Laboratories Incorporated (Bio-Tox) is accredited by ANAB and ABFT. Close proximity is required for timely pick-up and delivery of samples, as the District Attorney is under strict timelines in the prosecution of suspected drivers under the influence of drugs or alcohol. This procurement meets Board Policy A-87 D.3, as Bio- Tox is the only supplier that meets the accreditation requirements that is located within 150 miles of San Diego County. On May 26, 2017, the Sheriff’s Office issued Request for Bid (RFB) 8150 for Toxicology services. As a result of the competitive solicitation, only one response was received from Bio-Tox, and after review of their offer, was awarded contract 556404. On April 26, 2022, the Board authorized extending contract 556404 for one year with one option year and a six-month extension taking the contract out through December 31, 2024. If this single source procurement is not approved, the Crime Lab will face significant delays in toxicology testing and expert testimony, which would jeopardize future investigations, cases, and the integrity of the Crime Lab.
The Crime Lab has contracted these services from Bio-Tox since 2017. In addition to testing in new cases, Bio-Tox services will continue to be required for additional testing and testimony regarding testing completed on Crime Lab cases submitted to them. Once in-house testing is implemented, the Crime Lab will continue to require testing and testimony for additional drugs not tested for in-house, which can be completed through this new contract.
This is a request to establish a new contract with Bio-Tox for one year, with four option years and a six-month extension if needed, for forensic toxicology services for the Crime Lab. The services are estimated at $760,000 for the first year, and then four optional years with an expected reduction in costs in year two moving forward as the services would be reduced, for a maximum total cost of $4,215,486.
LINKAGE TO THE COUNTY OF SAN DIEGO STRATEGIC PLAN
Today’s proposed action supports the Justice Strategic Initiative of the County of San Diego 2025- 2030 Strategic Plan and aligns with the objective of ensuring a fair and equitable justice system that supports and provides services for victims by aiding in the identification and subsequent apprehension of individuals engaging in criminal behavior, resulting in a safer community. Providing timely forensic drug toxicology results to the Sheriff’s Office and other law enforcement agencies throughout the County assists with offender accountability and victim healing.
Respectfully submitted,
KELLY A. MARTINEZ
Sheriff
ATTACHMENT(S)
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