SUBJECT
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SHERIFF - REQUEST FOR AUTHORIZATION TO ISSUE COMPETITIVE SOLICITATIONS FOR NATIONAL AND REGIONAL BRAND NAME ITEMS (DISTRICTS: ALL)
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OVERVIEW
The State of California Penal Code (PC) 4025 (a) allows for the Sheriff’s Office (Sheriff) of each county to establish, maintain and operate a store in connection with the county jail, and for this purpose, may purchase various snacks, beverages and personal care items for sale to incarcerated individuals in the jail.
On July 9, 2019 (1), the Board of Supervisors (Board) approved the Sheriff’s request for a single source contract through December 31, 2021, of national and regional brand name items not exclusive to a particular vendor for snacks, beverages and personal care items from manufacturers, dealers and distributors. This helped increase the brand name items available as products are discontinued, and new items are added or made available in the marketplace. On November 16, 2021 (4), the Board approved the Sheriff's request for continued authority to procure brand name items through competitive solicitations.
Today’s request is for authorization to issue competitive solicitations for national and regional brand names not exclusive to a particular vendor for snacks, beverages, and personal care items from manufacturers, dealers, and distributors. This approval will allow Sheriff's Commissary to reprocure their ten current commissary contracts that are scheduled to expire December 31, 2026. The national and regional brand name items will be included with additional generic items in a competitive solicitation to determine fair and reasonable pricing. This request is for one initial year and four option years, with an additional six-month option if needed, from the date of the contract issuance.
RECOMMENDATION
SHERIFF
In accordance with Section 401, Article XXIII of the County Administrative Code, authorize the Director, Department of Purchasing and Contracting to issue competitive solicitations for the acquisition of national and regional brand name snacks, beverages and personal care items, and subject to successful negotiations and a determination of a fair and reasonable price, award one or more contracts for up to one initial year, plus up to four option years, with an additional six-month option if needed, and to amend the contracts as needed to reflect changes to requirements and funding. In no event shall any contract awarded pursuant to this authority extend beyond December 31, 2032.
EQUITY IMPACT STATEMENT
By providing the requested name brand items to incarcerated individuals for purchase from the Jail Commissary, incarcerated individuals are being provided access and opportunity within the detention facilities to continue using products and trusted brands they are accustomed to using. This supports incarcerated individuals’ well-being while in custody. This action also supports the overall wellness of the incarcerated population because we are providing products that they enjoy and this enhances comfort and reduces stress.
SUSTAINABILITY IMPACT STATEMENT
Today's action supports the County of San Diego's Sustainability Goal of providing just and equitable access by providing products that are high-quality and familiar to those in custody. This provision offers a sense of normalcy and sustained product availability. Allowing incarcerated individuals, the ability to select brand name products, supports the incarcerated individual's sense of control and dignity while in a detention setting.
FISCAL IMPACT
Funds for this request are included in the Fiscal Year 2026-27 CAO Recommended Operational Plan for the Sheriff’s Office. If approved, this request will result in estimated costs and revenue of $4,290,000 in Fiscal Year 2026-27. The funding source is revenue from the Sheriff’s Office Jail Stores Enterprise Fund. Funds for the option year costs will be included in future years Operational Plans for the Sheriff’s Office if the option years are exercised. 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
The Sheriff’s Office (Sheriff) conducted market research of its detention facilities and other California County Detention Commissaries and found that brand name item recognition holds true for incarcerated individual purchases as it does in the general population. The Sheriff’s Commissary began carrying brand name products in December 2008 and has found that incarcerated individuals prefer these items. Brand name products generate higher inventory turn-over, provide the commissary guaranteed inventory, allow for the ability to return unsold products and access to larger manufacturers with popular and high-quality products. There are no equivalent items available that would meet the objectives of a retail-focused model under which the commissary has been successfully operated.
The Board of Supervisors (Board) first approved the single-source procurement of brand-name snacks and beverages on October 14, 2008 (1), to provide quality name-brand options to the incarcerated population and expand available options for purchase. This authority was renewed on November 8, 2011 (7), at which time 50 specific brand-name items were identified in advance of issuing a Request for Bids (RFB), based on market research and product review.
On November 17, 2015 (4), the Board approved the Sheriff’s request to expand the list by 53 additional brands, increasing the total to 103, reflecting further research conducted to identify additional name-brand products prior to a subsequent RFB. This was followed by further approval on August 2, 2016 (2), which added 74 more brands, bringing the total to 177, as additional nationally recognized products were identified to support future solicitations and meet consumer demand. Over time, the contract has been updated to reflect changes in product availability and consumer preferences. Initial approvals were limited to a smaller number of specified brand-name items, while subsequent actions expanded the list to increase variety and accommodate discontinued products.
On July 9, 2019 (1), the Board approved the Sheriff’s request to allow single-source procurement of national and regional brand-name items, providing greater flexibility to incorporate new products as they become available. Most recently, on November 16, 2021 (4), the Board approved the Sheriff’s request to continue procuring brand-name items through a competitive solicitation process. Collectively, these board actions have ensured consistent product availability while expanding the range of options offered.
Today’s request is for authorization to issue competitive solicitations for national and regional brand name items to meet the constant changing demand for the Commissary's inventory. The request is for a new term of one initial year, plus four option years, and an additional six-month option if needed from the date of contract issuance. This approval will allow Sheriff's Commissary to re-procure their ten current commissary contracts that are scheduled to expire on December 31, 2026. This approval will also allow later competitive solicitations for such contracts in order to update product lists, but in no event shall any contracts extend beyond December 31, 2032.
Fair and reasonable pricing will be determined based on the results of competitive solicitations. Funds for this request are budgeted in the Sheriff’s Office Jail Stores Enterprise Fund. If approved, any change in product costs will be offset by the revenue associated with the sales of these products.
LINKAGE TO THE COUNTY OF SAN DIEGO STRATEGIC PLAN
Today’s proposed action to approve national and regional brand names supports the Equity Initiative in the County of San Diego 2026-2031 Strategic Plan by reducing disparities and disproportionality and ensures access for all and by dismantling barriers to expanding opportunities in traditionally underserved communities; and the Sustainability Strategic Initiative of Economy by ensuring long-term solvency. By providing the requested brand name snacks, beverages, and personal care items to incarcerated individuals, this will assist with the incarcerated individuals’ overall well-being. This proposed action also supports fiscal responsibility by producing higher inventory turn-over.
Respectfully submitted,
KELLY A. MARTINEZ
Sheriff
ATTACHMENT
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