/ City and County of San Francisco
San Francisco Police Department
Forensic Services Division
RFP#CON2010-6
SFPD Controlled Substance Forensic Laboratory Services

ADVANCE Questions and Answers

These are quesetions and Answers that came up during the rFP of 2010 and should be looked at in advance of any questions that you might have.

Administrative Questions

Cost Proposal

  1. Is the “blended hourly” rate to be determined by the Proposers or will the RFP reviewers look at overall costs quoted by respondents and determine a “blended hourly” rate based upon the overall costs?

The blended hourly rate is to be determined by the Proposers representing all services, travel, lodging, meals, miscellaneous and any other expenses related to the completion of services. All expenses divided by the number of labor hours = blended hourly rate.

  1. How will the San Francisco Police Department (SFPD) expect invoicing to capture fees (e.g. per case, per hour, per sample, fixed rate per month, etc.)?

Invoicing should be per completed case (i.e., deliverable).

  1. In the event that the volume of casework requires billing over the budgeted $620,000 annually, does the SFPD and Controller’s Office have a mechanism to pay invoicing?

The selected Contractor will be expected to stay within the budgeted amounts agreed to under the final Contract with the City. The negotiated contract may include terms and provisions for unexpected workload increases, but is subject to funding availability, which is currently not known.

  1. Should Proposers quote a price per sample and a separate hourly rate for professional services?

Proposers should quote a price per case. You may assume an average of 1-2 samples per case when figuring your cost proposal.

  1. It is indicated that the annual budget is $620,000-- does this amount include both analytical testing and associated professional services for testimony and prelims?

Yes, this amount should cover all expenses associated with the services, including both analytical testing and associated professional services for testimony and preliminary hearings.

Contracting Requirements

  1. Will a First Source Hiring Agreement (FSHA) be necessary if all services will be performed at a facility that is not proximate to San Francisco?

This will be negotiated with the selected Contractor. Please contact James Whelly at 415-405-4960 or for information on the First Source Hiring Program.

  1. Will a full-benefit PPO Health Plan satisfy the requirements of the Health Care Accountability Ordinance?

This will be negotiated with the selected Contractor. Please contact Greg Asay at 415-554-7603 or for additional information on the Health Care Accountability Ordinance.

Scope of Work Questions

Workload History/Methodologies

  1. Annual Caseload – What is the average number of exhibits per case?

SFPD cases average approximately 1.57 exhibits per case. This is based on case data from June and July of 2010.

  1. Is there currently a backlog of cases waiting to be analyzed? If so, how many?

Currently there is no backlog of testing of controlled substances.

  1. Are quantitative or qualitative results desired?

Qualitative results are desired.

  1. If quantitative results are needed, will quantitation be only for specific drugs or specific quantity of drugs? What percentage of the cases will require quantitation?

Quantitation will not be needed.

  1. What is the estimated distribution of percentage of cases for: Cocaine, Methamphetamine, Marijuana, Heroin, pharmaceutical products?

The estimated distribution of cases is as follows:

Cocaine – 25%

Methamphetamine – 10%

Marijuana – 15%

Heroin – 10%

Pharmaceutical Products – 15%

Remainder (LSD, MDMA, GHB, etc.) – 25%

  1. For Cocaine cases, what percentage will require salt vs. base determination?

100% of cocaine cases will require salt determination, per state law.

  1. For multiple items with similar content appearance, is it necessary to test all items or is representative sampling acceptable?

For multiple items with similar content appearance, the industry standard requires 10% of each type of drug and 10% of each location (e.g., 10% of crack sold to police, and 10% of crack seized from each of the defendant’s pocket or car or other location from the time of the incident to the time the case has been fully investigated). If case goes to jury trial, SFPD may request more, if not all items, be tested.

  1. For multiple items with dissimilar content appearance (powder vs. botanical material), is it necessary to test all items or just test the item that will result in the highest penalty?

For multiple items with dissimilar content appearance, we require all items to be tested unless it is considered a non-usable amount and if so, the lab report should so indicate.

  1. Are there statutory weight requirements for certain drugs? If so, is this proven directly or statistically?

Where allegations require a minimum weight for prosecution, weight will be proven directly through testimony of the technician performing the analysis.

  1. Are there non controlled substances that routinely need to be identified (e.g. pseudoephedrine)?

No, there are not non controlled substances that routinely need to be identified.

  1. Option A – Will SFPDbe able to receive results, notes etc. in an electronic format?

Electronic format results (i.e., notes and other documentation) are acceptable formats in which to receive results. However, the Contractor may be responsible for altering electronic file types and sizes in order to be compatible with SFPD software and/or hardware.

  1. Option B – Will this include positive and negative controls that are run with the case samples?

Yes.

  1. For single item submissions in which two different scheduled drugs are found, is it acceptable to confirm and report out the lowest schedule drug (Schedule I item would be confirmed over a Schedule II)?

No, both scheduled drugs must be confirmed and reported upon, as per the answers to Questions #7 and #8 above.

  1. What documentation is expected in a litigation package?

In addition to the items requested in Section 2.1, Contractor Tasks, of the RFP, the Contractor could be expected to provide policy and procedures, accreditation, audit, and other administrative documentation as needed.

  1. What is the expected Turnaround time on a litigation package?

The expected turnaround time is two days on a basic request and ten days on a specialty request.

  1. The estimated volume of preliminary hearings is stated as 10 per day. How many days per week are 10 preliminary hearings executed?

Approximately ten preliminary hearings are held every weekday.

  1. Are preliminary hearings held on a routine calendar schedule (e.g. Mondays and Wednesdays)?

Preliminary hearings are held every weekday.

  1. What time of day are preliminary hearings typically held?

The time of day that preliminary hearings are typically held changes at the discretion of the presiding judge, but they only occur during normal court hours of 9 am to 5 pm (Pacific). Judges typically start no earlier than 10:30am (Pacific).

  1. Video Testimony – Can Skype or Polycom Video Conference System be used?

Yes, Skype or Polycom Video Conference System may be used during preliminary hearings only. In-person testimony is required for trial.

  1. Is a videographer or a court reporter needed for the preliminary hearing interviews?

No videographer or court reporter is needed for the preliminary hearing interviews. However, testimony with the interviewing officer must be made through a video conferencing technology.

  1. Does the contract require that the analysts’ notes and analytical data be released with each case? (See Option A and B, page 4 and 5.)

As outlined in the RFP, Section 2.1, Contractor Tasks, each case will require the documentation listed under Option A and possibly Option B. Additional documentation may be requested during the discovery process.

  1. Does the contract require that the qualifications of the analyst be submitted with each case? (See Option B, page 4.)

As outlined in the RFP, Section 2.1, Contractor Tasks, each case will require the documentation listed under Option A and possibly Option B. Additional documentation may be requested during the discovery process.

Future Process

  1. How will SFPD prepare cases that consist of large bulk confiscations and what will be the process to support choosing representative samples to be forwarded to the outsourcing laboratory (e.g. 10 kilos of suspected marijuana)?

With the exception of Marijuana, all seized substances will be sent to the selected contracting laboratory for sampling and testing. For marijuana, a sample from each source in the seizure will be sent to the laboratory (e.g., if a seizure is made on a house with three rooms growing marijuana, a sample will be sent from each room). See question 7 in the section Workload History/Methodologies for further information.

  1. Will total weight of suspected drugs be performed by SFPD, or will the total case be forwarded to the outsourcing laboratory for weighing and analysis?

SFPD expects all substances sent to the outsourcing laboratory to be weighed.

  1. Is the 5 business day turnaround time measured from the date the laboratory receives the case to the date resulted? It is assumed that very complex cases that have multiple submissions or may require new method development may exceed 5 days. Is this acceptable?

The laboratory must meet statutory and court deadlines. For more complex cases, extensions of the 5 day turnaround time will be granted on a case-by-case basis.

  1. Will paraphernalia be tested under this RFP (e.g. pipes, bongs etc.)?

The SFPD may request that paraphernalia be tested but anticipates these to be infrequent requests.

  1. It is assumed for efficiency, that multiple cases will be packaged together in one shipping container, and a batch manifest of inventory of each case in the package will be used to track the transfer of evidence. Is this assumption accurate? Is it necessary for the courier to render a “wet signature” or will electronic tracking of shipment suffice?

Either a “wet signature” or electronic tracking of shipments will suffice, so long as proper chain of custody can be established throughout shipping of evidence.

  1. A “certified” courier is requested. Will a bonded courier service or worldwide transport service with electronic tracking capabilities be acceptable? (this is question is no longer applicable to the RFP)

As long as a bonded courier is utilized and the courier can establish a standard protocol and proper chain of custody for transporting evidence, this is acceptable.

  1. Is video testimony for trials acceptable?

No, per the District Attorney’s office policy, the current rules of evidence require in-person testimony for trials. For preliminary hearings, it is acceptable to provide video conference interviews to the officer that will provide Prop 115 testimony.

  1. How much advance notification time is typically given to the laboratory, prior to preliminary hearings and trial testimony? What is the process and conduit for communication of need for laboratory support of preliminary hearings and trials (e.g. electronic subpoena or phone, e-mail etc.)?

For preliminary hearings, technicians conducting testing are interviewed by sworn officers via video teleconference. The officer is given 2-7 days advance notice before his/her testimony is required. For trial testimony, an electronic subpoena is issued one week to three months in advance.

  1. Preliminary hearing interviews – What information is typically exchanged during a preliminary hearing interview? What level of qualification of laboratory staff is expected at preliminary hearings?

See attached copy of Prop 115 interview in use by the District Attorney. The technician conducting the testing is expected to participate in the preliminary hearing interview.

  1. To support efficient and cost effective rendering of support services for prelims and trials, we would suggest having multiple qualified individuals fully trained, to offer these support services on any case tested by our laboratory. This would eliminate the need for the actual analyst who performed any one individual case to testify and eliminate need for multiple individuals to testify on a single case. Will this be acceptable?

The analyst performing the tests will be required to testify at trial and provide the preliminary hearing interview.

  1. On average, how long in time are preliminary hearings? Testimony?

Preliminary hearing interviews for Prop 115 testimony take approximately 20 minutes to complete. For trial testimony, there is an average of three per month for an annual estimate of forty trials yearly. This answer depends on who is called for testimony as an expert. In most cases, lab personnel would only testify as to the testing process, which averages a total of 45 minutes.

  1. How frequently are litigation packages requested?

A discovery package is provided on all cases when requested.

  1. Will the SFPD District Attorneys Office coordinate travel arrangements for experts or will laboratory coordinate travel?

The District Attorney’s Office can coordinate travel arrangements for experts, but the costs should be built into the RFP proposal and will be paid under the SFPD contract.

  1. Is a scanned or PDF version of Litigation Package acceptable?

Yes, a scanned or PDF version of the litigation package is acceptable.

  1. Who is responsible for payment of testimony or preliminary hearing testimony?

Costs associated with trial and preliminary hearing testimony should be wrapped into the cost of the Contract with SFPD.

  1. In regards to testimony, does “preliminary hearing” (p. 5 of RFP) refer specifically to a Proposition 115 interview or to an actual preliminary hearing in front of the court?

“Preliminary hearing” refers to both Proposition 115 interviews and actual preliminary hearings in front of the court.

  1. In regards to testimony, would costs for court be billable to this contract or to the District Attorney’s Office?

All costs related to testimony, in person or otherwise will be covered under this contract and paid by the SFPD.

  1. Does the contract require that ALL exhibits relative to a given case be examined? (See Option A, page 4.)

Please see the answers to questions 1 in the section Future Process and 7, 8, 9 and 13 in the section Workload History/Methodologies.

General Questions

  1. Will evidence need to be returned to SFPD after analysis, or is it expected to be stored then destroyed? If stored, how long must evidence be stored prior to disposal?

SFPD will continue to maintain storage of evidence. The selected Contractor will be expected to return evidence to SFPD after analysis.

  1. If defense requests litigation packages, forwarding of samples for retesting or other services, who is responsible for the payment for these services?

The defense pays for any litigation requests beyond the initial discovery.

  1. Will SFPD supply secured shipping containers for transport of evidence via courier? How will cases be packaged?

The SFPD will not be supplying secure shipping containers for transport of evidence via courier. The method of packaging varies based on the amounts being packaged for each case. (this question is no longer applicable to the RFP)

  1. Will all results be issued back to a single authorized party or are multiple results expected?

All results will be issued back to a single authorized party.

  1. Please confirm that submission of cases and communication surrounding cases will occur directly between the SFPD crime lab and the vendor laboratory, and not with individual police officers.

The SFPD will have a central point of contact for the contracting laboratory. It is preferred that all communications between the contractor and City officials occur through and with this central point of contact.

  1. Does the contract allow for any alternative to the use of a courier service for the pickup and delivery of controlled substance exhibits?

Alternatives are acceptable if proper chain of custody can be established and the method is approved by the City and SFPD.

pre-proposal conference Questions and Answers

  1. Can you provide a web link for accessing user-friendly fillable HRC forms 3 and 5?

HRC forms 3 and 5 are available in Microsoft Word as fillable forms found at this HRC website:

  1. Will SFPD package the evidence?

Yes, the evidence will be packaged from each case on an individual basis, but the aggregate amount will not be packaged together. The courier will have to supply a secure container for the aggregate evidence, but the individual evidence from each case will have been packaged separately.

  1. Will the cases have had preliminary field testing performed?

Some will have had preliminary field testing performed, but not all.

  1. Will SFPD staff perform technical review under ASCLD-LAB17025 requirements?

No, technical review should be performed at the contractor lab by a qualified technical reviewer who is familiar with the standard operating procedures of the contract lab.The contracting lab will keep documentation of such technical review should the City require it for discovery or other purposes.

  1. Are photos required of each submission? If yes, must they be included in each case folder?

No, photographs are not a requirement. However, if photographs are taken, they must be included as part of the case file.

  1. What percentage of cases will require technical review at the SFPD?

There is currently no set number requiring technical review at the SFPD. As stated in the answer to question 4 in this section, technical review should be performed at the contracting lab, with documentation of such technical review maintained.

  1. Page 7, paragraph 3 of the RFP requests recent annual accreditation audit reports self-performed by the director. Our lab had our ASCLD-LAB international in April 2010. Will a copy of our accreditation certificate suffice?

If this is the most recent audit report, the formal accreditation report will suffice.

  1. Are discovery packages requested for all preliminary hearings? Trials?

Yes for all preliminary hearings. For trials, sometimes additional discovery may be requested.

  1. Are preliminary hearings 20 minutes for ten per day or ten 20-minute interviews per day (i.e., 200 minutes per day)?

An interview takes roughly 5-10 minutes, and there are roughly ten of those per day. A 20-minute interview would be only in an extreme circumstance.

  1. The RFP describes up to fifty testimony events per year. Is this the number of times called or actually testifying?

Statistically, criminalists testify in approximately three cases per month. Actual testimony is roughly 40-50 per year.