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RESOLUTION ADOPTING FINDINGS TO SUPPORT A SOLE SOURCE EXCEPTION TO THE COMPETITIVE BIDDING REQUIREMENT TO PURCHASE THE VISIONX COMPARISON MICROSCOPE FOR FIREARMS EXAMINATION FROM ULTRA ELECTRONICS FORENSICS TECHNOLOGY
recommended action
RECOMMENDATION
It is recommended that the City Council adopt a resolution adopting findings to support a sole source exception to the competitive bidding requirement to purchase the VisionX Comparison Microscope for firearms examination from Ultra Electronics Forensic Technology, Inc. in the amount of $98,273.
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Summary
The Stockton Police Department’s (SPD) Evidence Identification Section uses a microscope to examine ballistic evidence for the purposes of matching bullet casings retrieved from crime scenes to guns held in evidence. The Firearms Examiner currently uses a Leica DMC Comparison microscope for this task; however, it was purchased in 2000, and has recently been categorized as “end of service,” or is incapable of upgrades to keep pace with current technology. Staff is requesting approval to replace the original comparison microscope with the VisionX Comparison Microscope for Firearms Examination, which is the latest generation, state-of-the-art, new standard in firearms investigation. The VisionX Comparison Microscope is proprietary to Ultra Electronics Forensics Technology, Inc.; therefore, Staff requests the City Council make findings to declare an exception to the competitive bidding process, and award a purchase contract in the amount of $98,273.
DISCUSSION
Background
The SPD’s Evidence Identification Section currently utilizes an Integrated Ballistics Identification System (IBIS) to capture images of ballistics evidence using the IBIS BrassTRAX-3DHD system by Ultra Electronics Forensic Technology, Inc. Ballistic 3DHD images are then entered into the National Integrated Ballistic Information Network (NIBIN). These images are run through an analysis program, IBIS TRAX HD3D MATCHPOINT, by Ultra Electronic Forensics Technology, Inc., that allows Senior Evidence Technicians to analyze images and find possible links between entered evidence. If a possible link is confirmed, the actual evidence items are then compared by a Firearms Examiner on a comparison microscope for final determination.
The comparison microscope is the primary piece of equipment used by the Firearms Examiner in order to confirm IBIS links and is also used to prepare firearms cases which are prioritized because they have a pending trial date. The SPD purchased the Leica DMC comparison microscope in 2000. It has been categorized as “end of service” by the vendor. The optics of the scope are limited and calibration will not meet the calibration requirements of future accreditation. The current Leica DMC microscope was last manufactured in 2005, and parts for repairs are not readily available.
Present Situation
On July 12, 2011, City Council Resolution No. 11-0184 approved an Interlocal Memorandum of Understanding with the San Joaquin County Sheriff’s Office, Probation Department, and the District Attorney’s Office, to create the Countywide Firearms Reduction Consortium (Consortium). Since then, the SPD’s IBIS Unit has been utilized by the Consortium as the only ballistics evidence site in San Joaquin County. Between 2013 and 2015, the Firearms Examiner has confirmed 584 IBIS hits. In order to continue to best serve the Consortium, the SPD’s Evidence Identification Section will need to replace the current equipment.
There are other microscope products available in the market; however, to purchase and use one other than the VisionX would require an increase in staff time to produce evidentiary reports and confirm matches. Most evidence labs employ a similar approach to Stockton whereby they install companion products to reduce the burden of transferring information between systems. Stockton has used Ultra Electronics Forensic Technology for its evidence equipment for over 15 years and is very satisfied with both the product and the maintenance service provided.
IBIS, IBIS BrassTRAX, MATCHPOINT, and the VisionX Comparison Microscope are all products proprietary to Ultra Electronics Forensic Technology, Inc. and its subsidiaries. These products are specifically designed to work seamlessly together to provide a comprehensive and robust evidentiary product, which saves staff time and effort by eliminating duplicate entries and information transferals between separate systems. The manufacturing and servicing of these products requires access to proprietary, commercially-sensitive information that is only available to employees of Ultra Electronics Forensic Technology, Inc. who have been duly authorized and trained.
Findings
Stockton Municipal Code Section 3.68.070 provides for a sole-source exception to the competitive bidding requirements in cases wherein City Council made findings which support and justify the purchase via a sole source vendor. Proposed findings to support the purchase of the VisionX Comparison Microscope for Firearms Examination from Ultra Electronics Forensic Technology, Inc. are as follows:
1) The SPD’s IBIS Unit is the only ballistics evidence site in San Joaquin County and is a critical partner in the San Joaquin County Firearms Reduction Consortium;
2) The SPD utilizes its IBIS Unit to assist with firearms reduction crime efforts by processing and analyzing evidence for use in criminal cases by the San Joaquin County District Attorney;
3) The SPD IBIS Unit currently uses Ultra Electronics Forensic Technology, Inc. products to reduce the staff-intensive burden of transferring information between two systems; and
4) Ultra Electronics Forensic Technology, Inc. is the manufacturer of the VisionX Comparison Microscope and is the only authorized distributor. The manufacturing and servicing of these products requires access to proprietary, commercially-sensitive information that is only available to employees of Ultra Electronics Forensic Technology, Inc. who have been duly authorized and trained.
FINANCIAL SUMMARY
The purchase of this equipment will be split between the 2014 Justice Assistance Grant award, which is dedicated for use by the IBIS Unit, and the Police Department’s State Citizens’ Option for Public Safety (COPS) allocation. The price quote for the microscope is $85,774, plus an additional year of warranty, at an additional cost of $4,384 and sales tax at 9% for a combined total of $98,273.
Sufficient funds are available as follows:
Amount Account No. Description
$20,000 025-6455-603 2014 Justice Assistance Grant
$78,273 024-6426-603 State COPS