013-26 Approved Sole Source Determination and Manufacture letter.pdf

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SOLE-SOURCE DETERMINATION AND JUSTIFICATION FOR

SUPPLIES AND SERVICES

Date: 01/02/2026 To: April Brenden-Locke, Designated Procurement Officer, Contract Services, Administrative Services Division

From: Chad Proffitt ODFW Willamette Hatchery Manager Jazmine Rotaru Procurement and Contracts Assistant

RE: Sole Source Determination pursuant to Oregon Revised Statute (ORS) 279B.075 and

Oregon Administrative Rule (OAR) 125-247-0275

CSR: CSR #013-26 Acquisition of Larger Fish Pump, Dewatering Tower, and Truck Loading

Unit for Willamette Fish Hatchery

Part A

1. Authority to enter into a Sole-Source Contract: OAR 125-246-0170(2)(c)(H)

2. Estimated Total Value of the Procurement: $112,060.16

3. Single or Multiple Purchases: Single

4. Proposed Contractor: Magic Valley Heli-Arc & MFG.

5. Brief Description of Goods or Services to be procured: 8-inch gas powered Fish Pump with Suction Tube Assembly and Dewatering Truck loading mobile Tower, including Hose and Fittings

6. Background: Willamette Fish Hatchery currently operates with a fish pump and dewatering tower assembly that is undersized for the hatchery’s production requirements. The existing equipment cannot efficiently handle the volume and size of fish being processed, resulting in operational delays and increased risk of injury or mortality to fish during loading and transport. This issue compromises fish welfare standards and production efficiency, creating a critical need for upgraded equipment that can accommodate larger fish and higher throughput without causing harm.

7. Findings:

A. Market Research Overall Finding.

A review of available products indicates that the Aqua-Life Harvester system, produced by Magic Valley Heli-Arc & Mfg., is the only production-scale fish pump and mobile dewatering tower currently available on the market. No alternative vendors or products meet the required specifications for:

- High-capacity pumping suitable for large fish

- Integrated mobile dewatering tower

- Truck loading capability

- Proven design minimizing fish injury and mortality

Magic Valley Heli-Arc & Mfg. producer of the Aqua-Life Products, produces the model BP80H-

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P-1 Aqua-Life Harvester/Dewatering Tower, 8-inch unit. This unit is an all-in-one fish pump and dewatering tower used for Loading Liberation trucks. While other companies produce fish pumps, this is the only company producing the pump and Dewater system in an all-in-one package, that is easily moved around the facility to the needed loading sites. Most other fish pump systems require a large investment in infrastructure to be operational. Aqua-life is the only current producer to offer an off-the-shelf, mobile Fish pump and truck loading system in one package.

The primary market for aquaculture fish pumps is driven by commercial net pen operations, and most manufacturers focus on that segment. Companies such as VAKI, Marco, Inventive Marine Products Limited, and PG Flow Solutions, produce pumps designed to move live fish;

however, non-offer a model that combines dewatering capabilities with truck-loading functionality without requiring significant infrastructure investment and custom engineering.

Willamette Hatchery’s requirements can only be met by a product that is portable and easily moved around the facility, that not only has the capability to pump live fish but can also accommodate loading many different sizes and heights of liberation trucks. Aqua-life is the only company currently producing a single product that will meet these requirements.

Documentation of vendor exclusivity and product specifications is attached to this justification.

The agency has evaluated the criteria under OAR 125-247-0691 and determined that the use of a brand name specification is justified under Section (2)(a) because only one manufacturer or seller of the product exists, as confirmed by market research.

And

B. Findings of Fact pursuant to OAR 125-247-0275(2) must include, at a minimum, one of the following:

1. Pursuant to OAR 125-247-0275(2)(a): Compatibility. Provide findings supporting your determination that the efficient utilization of existing goods requires the acquisition of compatible goods or services from only one source.

The Willamette Hatchery currently uses Aqua life Harvester pump. Purchasing the same brand ensures full integration with existing components, avoids additional costs for adapters or facility modifications, and eliminates downtime for staff training on a new system.

2. Pursuant to ORS 279B.075 (2)(b): Exchange of Software or Data. Provide findings supporting your determination that the goods or services required for the exchange of software or data with other public or private agencies are available from only one source.

3. Pursuant to ORS 279B.075 (2)(c): Pilot or Experimental Project. Provide findings supporting your determination that the goods or services are for use in a pilot or an experimental project.

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4. Pursuant to ORS 279B.075 (2)(d): Other findings that support the conclusion that Supplies and Services are available from only one source may include but are not limited to considerations of: unique design, availability, geographic location, exclusive authorized representative, cost of conversion, and warranty services.

See Section 7.A. above. Magic Valley Heli-Arc & Mfg., Inc. is the exclusive designer and manufacturer of Aqua-Life brand products, including fish pumps and harvesting systems. Aqua-Life is the only manufacturer producing the complete harvesting package specified in Proposal 25-633. This package includes the fish pump, power unit, and dewatering unit, mounted on a mobile trailer with an upper platform that can be hydraulically raised or lowered to accommodate multiple harvest heights.

Using equipment from the same manufacture ensures full compatibility with existing systems, eliminating the need for facility modifications. This approach avoids additional design and engineering costs that may be associated with other manufacturers’ equipment.

The Willamette hatchery has already been adapted for the current Aqua-Life pump, so selecting a similar pump model allows for seamless integration. This means the new system can be operational immediately, with no downtime for staff training or infrastructure changes.

Part B - Conditions of Approval will be inserted by ODFW-DPO.

April Brenden-Locke, Contract Services Manager, ODFW Date

2/5/2026