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State of Ohio - Controlling Board Request
30 East Broad Street, 34th Floor
Columbus, Ohio 43215-3457
(614) 466-5721 FAX:(614) 466-3813
OPERATING REQUEST Controlling Board No.
Status:  Approved
Meeting Date:  12/4/2017

Attorney General's Office

Waiver of Competitive Selection  (Revised Code Section 127.16B)
      No Competitive Opportunity
      Agency Released Competitive Opportunity
Agency Released Competitive Opportunity (Revised Code Section 127.162)
Other Statutory Authority/Bill Section:
Operating Transfer Request  (Revised Code Section 127.14)
      Other Statutory Authority/Bill Section:
Fiscal Year(s)
Bill No.
HB 49
Eligible for OBM
Director Approval?

For FYAmountNameAddressCityStateCountyZip Code
AGO01 2018 $769,650.00 NMS Labs 3701 Welsh Road Willow Grove PA 19090

Fund GroupFund CodeAppropriation Line ItemAppropriation Line Item NameFYAmountFYAmount
DPF 4Z20 055609 BCI Asset Forfeitr/Cost Reimb 2018 $769,650.00 $.00

Mike DeWine 12/04/2017
Agency Director or Authorized Agent On The Date Of
10/31/2017 Christine Morrison
Date Controlling Board President/OBM Director
Name:  Christina Frass Title:  Chief Financial Officer
Phone:  (614) 728 - 9335 Fax:  (866) 818 - 6153 E-Mail:
  The Attorney General's Office respectfully requests Controlling Board approval to waive competitive selection in the amount of $769,650.00 from Fund 4Z20, ALI 055609 (BCI Asset Forfeiture/Cost Reimbursement), in FY18 to contract with NMS Labs , Willow Grove, PA., to provide forensic casework services 4,800 drug chemistry cases.  
  The Ohio Attorney General's Office, Bureau of Criminal Investigation (BCI), operates three forensic laboratories which are located in Bowling Green, London, and Richfield. Collectively, the laboratories process more than 200,000 pieces of evidence each year. Cases have grown in complexity, with evidence items containing numerous controlled substances. At the same time, BCI has maintained a commitment to quality and safety, implementing a two-instrument drug testing process, and incorporating enhanced safety measures such as masks, gloves, and keyboard protection covers to protect staff from dangerous drugs such as fentanyl and carfentanil.

In an effort to protect the families and citizens of Ohio, BCI has researched drug chemistry laboratories, both in Ohio and neighboring states, which have the capacity and resources available to assist with the drug evidence caseload. No public lab in Ohio has the capacity to take on additional chemistry testing at this time. Surrounding states have public labs that are also dealing with the opiate crisis that we are battling in Ohio. We contacted public labs in Pennsylvania, Illinois, Indiana, Michigan, and Kentucky, and they have no capacity to take Ohio casework at this time. West Virginia contacted us to determine whether we had capacity to help with their backlog.

As a result, the Attorney General's Office is requesting a waiver of competitive selection to contract with NMS Labs located in Pennsylvania. NMS is the only private, accredited lab that we could find within one day of driving distance, and they have capacity to take on this work. Proximity is important because we will be driving to deliver evidence for security purposes. We negotiated the price down significantly from the private lab market rate. This accredited laboratory will help to analyze drug evidence in a timely manner, which can lead to the swift prosecution and removal of criminals from Ohio neighborhoods.
Attachments Controlling Board Request No.: AGO0100522
Attachment TypeAttachment Description
Contract NMS Lab Contract
Release and Permit Information
NameFYAmountR & P #R & P DateIssued ByComments
NMS Labs 2018 $769,650.00

Operating Request Required Information
New Contract - NMS Labs
Controlling Board Request No.: AGO0100522
1. Selection Process: Was this contract subject to selection by a Request for Proposal (RFP),
Request for Qualification (RFQ), Request for Information (RFI) process? No
Explain why this contract was not subject to an RFP, RFQ or RFI process
NMS Labs was selected to assist the Attorney General's Office based on their expertise, ability to assist with chemistry drug casework meeting casework standards, and proximity to the BCI laboratories. They are the only accredited lab in the area with capacity to take on chemistry testing at this time. Proximity is a key factor as the evidence will be transported to and from the contracted laboratories via AGO staff.
2. Provide the following selected contractor information:
NMS Labs
3701 Welsh Road
Willow Grove,   PA  19090
3. Contractor's location from which all or most of the contract work will be performed, if different from the
location of principal place of business. (For institutional agencies, cite the location of the institution,
including the city and county, where services are to be performed.)

4. Institutional agencies only: Is the contractor currently performing services at the institution listed above?
5. Specify the deliverables of this contract or describe the scope of service(s) to be performed by this contractor.
Process chemistry drug cases.
6. Cite the account category of expense being used for this purchase of service(s).
Account CategorySubobjectAmountNon-Exempt Amount
510 $769,650.00 $769,650.00

Total Amounts $769,650.00 $769,650.00
Duration of this contract (beginning and ending dates) within the fiscal biennium.
Beginning Date Ending Date
11/13/2017 06/30/2018
8. Is the contractor already performing work under this contract? No
9. Identify all state contracts which the selected contractor has had approved by the Controlling Board
since the beginning of the last fiscal year through this fiscal year to date. Also include contracts approved
for this agency or institutions of higher education.
a. Total number of contracts. 0
b. For each contract list the state agency and the contract amount.
AgencyContract/Agreement AmountFY
10. Contractor Procurement Compliance:
a. Is this contractor in compliance with Buy America? Yes
  Explain: NMS Labs is headquartered in Willow Grove, Pennsylvania.
b. Is this contractor in compliance with Buy Ohio? No
Explain: NMS Labs is headquartered in Willow Grove, Pennsylvania.
Provide the following employee information: Nationwide Ohio
Total Number of Employees 358    0   
Percentage of Women 67.6% 0%
Percentage of Minorities 19.6% 0%
12. What percent of the work will be done by subcontractors?  0
  If more than 50%, provide the same information for each subcontractor as requested in number 11 above for the contractor.
# of Employees
% of Women
% of Minorities
# of Employees
% of Women
% of Minorities
13.  Provide all subsequent renewal schedules (beginning and ending dates) and amounts associated with this contract.

A contract renewal is the exercise of an option to enter into a subsequent contract with a vendor in accordance with renewal provisions specified in a preceding contract.
Beginning DateEnding DateTotal Lease Amount
Explain contract provisions.  There are no contract renewals anticipated at this time.