B02__Synopsis_Sole_Source_Justification_1.pdf

140R2024Q0041 Page 1 of 3

WBR 1413.106-1 Template 1 eFile - B02

(11/2020)

DETERMINATION TO SOLICIT FROM A SINGLE SOURCE

Pursuant to Federal Acquisition Regulation (FAR) 13.106-1(b)(1)(i), for purchases not exceeding the Simplified Acquisition Threshold (SAT) Contracting Officers may solicit from only one source if the circumstances of the contract action deem only one source is reasonably available (e.g., urgency, exclusive licensing agreements, brand name, or industrial mobilization).

Pursuant to FAR 13.106-1(b)(1)(ii), when a single source is identified to provide a portion of the purchase as a Brand-Name, the documentation in paragraph 3 must state that this determination is only for a portion of the requirement.

1. Agency and Contracting Activity.

U.S. Department of the Interior, Bureau of Reclamation, California Great Basin (CGB) Regional Office, Acquisition Services, CGB-3800

2. Name and Address of Single Source.

Biomark LLC 705 S 8th Street Boise, Idaho 83702

3. Description of Supplies/Services and Estimated Cost.

The Lahontan Basin Area Office has a requirement to purchase and install equipment to complete fish monitoring efforts at Marble Bluff Dam and Fish Passage Facility to capture data both before and after implementation of the sediment removal/bank stabilization project.

The scope of this requirement is for a contractor to procure, deliver, install, commission, and test one permanent Passive Integrated Transponder (PIT) tag antenna in the Exit Channel and one permanent PIT tag antenna in the Entrance Channel at the Marble Bluff Dam and Fish Passage Facility in Nixon, Nevada. In addition, the contractor shall procure and deliver two submersible portable PIT tag antennas, PIT tags, and PIT tag supplies.

The passive integrated transponder (PIT) tags will be used to monitor fish passage for threatened Lahontan cutthroat trout and endangered Cui-ui at the Marble Bluff Dam. Two permanent fixed PIT tag antennas will be installed at the facility to monitor fish movement.

These fixed antennas will require special mitigation for electronic noise from other electronic equipment at Marble Bluff Dam, including a variable frequency drive used for a fish hoisting mechanism. Additionally, two portable submersible antennas equipped with long lasting waterproof batteries will be needed for this research project. These portable antennas will be staged at different points in the river channel upstream of Marble Bluff.

The anticipated award type is firm fixed price. The requirement shall be completed within 30 days of purchase order award.

4. Description of Circumstances, including why only one source is reasonably available.

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IAW FAR 13.106-1(b)(1)(ii), specific characteristics of the Biomark PIT tags limit the availability to a sole source. Only this suggested source can furnish the requirements, to the exclusion of other sources, because Biomark owns a patent on a certain aspect of technology within their PIT tags (pre-loaded tray and injection system design). Additionally, they provided a signed letter stating they are the sole distributor of such tags and will only work directly with the Federal Government on this requirement.

No other manufacturer produces submersible, portable PIT tag antennas like Biomark’s. This design is very easy to deploy or pull from the field, which is an important consideration for high flow events that could damage other types of equipment. Additionally, these portable antennas have integrated but easy to swap Lithium-Ion batteries that can continuously monitor for up to 35 days. Bluetooth connection capabilities mean that these antennas are also easy to download in the field. While other manufacturers produce Passive Integrated Transponder (PIT) tags for fish and wildlife tracking, also known as RFID tags, no other manufacturer produces a pre-loaded tray and injection system that is as fast and efficient as Biomark’s. Speed and efficiency will be crucial for working with the threatened and endangered species that are the focus of this project since speed reduces handling stress and mortality. Additionally, the pre-loaded tray design is patented with nothing similar on the market.

Additionally, the primary research entity, the U.S. Fish and Wildlife Service - Lahontan National Fish Hatchery Complex, already has Biomark tagging and monitoring equipment for other research projects, so there is guaranteed interoperability. The same applies to the Derby Dam bypass channel and fish screen, where fixed Biomark antennas are in place at this Bureau of Reclamation facility. The interoperability is important since this project will need to have compatible equipment installed by no later than mid-March of 2024 to carry out the proposed research project before the start of fish season. It is not guaranteed that another manufacturer’s tags will be compatible with the existing equipment as well as in compliance with Department of the Interior (DOI) information technology regulations.

Finally, Biomark has extensive experience with fixed PIT/RFID tag antenna installation at large scale dam and hydropower projects. This is especially important when considering monitoring and tracking of threatened and endangered species. Their experience will be crucial for installing fixed antennas at Marble Bluff Dam in a way that does not hinder fish passage, while also shielding the equipment from electrical noise associated with a variable frequency drive and other electrical equipment at the facility. Biomark has a proven track record, and their longevity ensures that any fixed equipment will be able to be serviced by the manufacturer for the foreseeable future.

5. Determination of Fair and Reasonable Price.

The Government will conduct a fair market price analysis on the offeror’s proposed pricing as required by FAR 13.106-2(b)(1), Evaluation Procedures. The price for the PIT tag antennas and installation will be compared to the vendor’s advertised catalog pricing offered to the public as well as a comparison of proposed costs/prices to current market pricing. No

140R2024Q0041 Page 3 of 3 purchase order will be issued until the contractor’s pricing has been determined to be fair and reasonable in accordance with FAR 13.106-3(a)(2)(i) and FAR 13.106-3(a)(2)(iii).

6. Description of Market Research.

Market Research was conducted via the internet, phone calls, GSA Advantage, SBA’s Dynamic Small Business Search, UNICOR, and AbilityOne.

According to SBA’s Dynamic Small Business Search, zero (0) small business contractors were found to be able to provide PIT tag antennas in the Nevada area under NAICS code 334220. A GSA eLibrary search for PIT tags also came up with zero (0) results. A search in this system using NAICS 334220 populated only the following results which do not fit this requirement for fish tag antennas: Surveillance Systems, Wearable Body Cameras, and Vehicular Video - Includes surveillance systems, wearable body cameras, and vehicle videos, including video storage and services as part of a total solution. NOTE: Subject to Cooperative Purchasing. A search for antennas in UNICOR.gov resulted in finding only antennas for SINCGARS radios for tactical military federal agency operations. A search for PIT tags in AbilityOne.gov also resulted in zero (0) results.

Additionally, the contracting officer spoke with a Biomark representative over the phone on January 10, 2024 whom provided a signed letter pertaining to the sole source nature of this action. The representative confirmed that Biomark LLC is the sole distributor of Biomark fisheries and wildlife products and services such as the passive integrated transponder tags the Bureau is seeking to procure. Biomark also owns a patent for the pre-loaded tray PIT tag injection system design which is a crucial specification of the PIT tags the Bureau requires.

The technical expert performed market research as well. The market research he conducted consisted of online search tools, attendance of fish passage and research conferences, and quotes procured for other research projects. Findings show there are three other manufacturers of similar PIT tags, that do not meet the specifications above, including Oregon RFID, Unified Information Devices, and VODA IQ. Again, other manufacturers produce Passive Integrated Transponder (PIT) tags for fish and wildlife tracking, also known as RFID tags, however no other manufacturer produces a pre-loaded tray and injection system that is as fast and efficient as Biomark’s.

Any future acquisition to purchase submersible, portable PIT tag antennas for the Marble Bluff Fish Facility would not be possible unless the vendor agrees to resellers, since they own the patent for their pre-loaded tray and injection system.