221-24 Sole Source Determination_6-11-24_Executed_Redacted.pdf

SOLE-SOURCE DETERMINATION & JUSTIFICATION

FOR SUPPLIES AND SERVICES

To: Contract Services

From: Justine Brumm Date: 6/11/2024

Sole Source Determination pursuant to Oregon Revised Statute (ORS) 279B.075 and Oregon Administrative Rule (OAR) 125-247-0275 for:

Description of Goods or Services:

This sole source procurement is to procure through a Professional/Personal Services Contract the services of the Institute for Applied Ecology (IAE) to restore, maintain, and protect natural habitats at the Herbert Farm Natural Area (HFNA), a 222 acre property located in Benton County. The property offers unique habitats with lands along Mary’s River and Muddy Creek, and lies within the Finley-Muddy Creek Area Conservation Opportunity Area. HFNA consists of Riparian forest, Oak savanna, Oak woodland, Upland prairie, and Wetland/wet prairie that provides habitat for a diversity of rare, sensitive, threatened, or endangered plant and animal species including streaked horned lark, northwestern pond turtle, red-legged frog, golden paintbrush, peacock larkspur, Willamette daisy, Nelson’s checkermallow, thin leaved peavine, Kincaid’s lupine, in addition to other native prairie plants endemic to the Willamette Valley.

Phase I and Phase II of restoration, detailed in existing Restoration Plans authored by IAE (February 2013, January 2017) and implemented and monitored by IAE, have been ongoing at HFNA for the past decade and the site is now transitioning into the maintenance phase. IAE is currently on contract through June 30, 2024 (Contract # 635-099-20) to co-author an updated Land Management Plan (LMP) for the maintenance phase of the property over the next 10 years, perform work on phase I and phase II habitat restoration efforts and the transition into maintenance including ongoing maintenance of unique habitats in and around threatened and endangered species, report writing to action agencies and landowners, reporting to funding agencies, reporting to permit agencies, and habitat monitoring utilizing established photo points. Through this sole source contract IAE will continue to provide the services required to continue facilitating the transition from habitat restoration to maintenance, monitoring habitats, and meeting reporting requirements at HFNA.

Reason for Need:

Given IAE’s specialized experience and history working in the sensitive habitats and sensitive species located at the HFNA, the establishment of existing photo points and monitoring procedures, the variety of affected and interested agencies (federal, state, local, BPA), and the cost/inefficient utilization of resources to go out for another RFP to continue work, it is imperative that IAE continue to be the lead contractor in conducting the necessary habitat improvements, monitoring, and reporting consistent with HFNA habitat management documents.

There are other vendors who perform habitat restoration in the Willamette Valley. However, given the unique and diverse array of habitats and species onsite, the unique and established working relationship with stakeholders (funders, land owners, permit agencies, partner natural resource agencies, and ODFW), and the history of IAE working successfully at the property given the stated complexities, it is necessary to keep IAE on contract to complete the transition from Phase I/Phase II restoration work to maintenance, and monitoring work in order to efficiently maintain existing resources onsite and to be compatible with established monitoring, reporting, and habitat restoration techniques currently utilized at HFNA. It is now critical that they continue providing services to support habitat restoration, maintenance, and monitoring efforts onsite.

Single of Multiple Purchases:

Single year professional/personal services contract.

Estimated Cost:

Research Leading to Determination:

The local habitat restoration community is fairly small and well-known. Internet searches will reveal several vendors that specialize in habitat restoration work in the Willamette Valley. However, during the initial solicitation process for the most recent contract solicited, IAE was the only respondent to the RFP.

IAE is currently co-authoring the development of an updated Land Management Plan for the site, which details future maintenance tasks as the site transitions out of the active restoration phase. IAE has worked at HFNA for at least the past 10 years and is poised to continue work in the upcoming year, prior to the transition of remaining management and maintenance activities to be conducted by the City of Corvallis. IAE has demonstrated a unique ability to successfully provide habitat restoration in the unique habitats of HFNA and has established successful monitoring methods including established photo points. IAE has also developed successful working relationships with the Contract Administrator (ODFW) and the array of agencies involved in the planning, execution, monitoring, and funding of HFNA habitat restoration.

In order to maintain the complex habitats and diversity of native species onsite, consistency in restoration techniques, study methods, and monitoring is required. To maintain the efficient utilization of state resources and to maintain compatibility with restoration, monitoring, and reporting techniques established for the project, continuing to utilize IAE to continue work that they have already performed is required.

Analysis of Research / Findings of Fact:

Pursuant to OAR 125-247-0275(2)(a): Compatibility.

IAE is a highly qualified firm that specializes in the unique habitat restoration and ESA species monitoring that this project requires. IAE has worked on the project for the past decade and has established successful methods for restoration, maintenance, monitoring, and reporting, that must be continued. Switching to another vendor would result in costly delays, reestablishment of new monitoring protocols that may be inconsistent with existing techniques, loss of habitat and conservation values onsite, incompatibility with completed restoration work and reporting, and result in the inefficient utilization of state resources, and existing goods and resources on site.

Pursuant to ORS 279B.075 (2)(b): Exchange of Software or Data.

Pursuant to ORS 279B.075 (2)(c): Pilot or Experimental Project.

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.

Habitat restoration and requirements for this project are unique and site-specific, with a pre-determined seed palette specifically geared towards recovery of several endangered plant and animal species. IAE have extensive experience working with BPA and ODFW on recovery of endangered plant species such as yellow paintbrush and Nelson’s checkermallow and restoration of endemic species in Willamette Valley prairie ecosystems. IAE also has experience tailoring the work around the needs of endangered species such as streaked horned lark, as well as coordinating multiple subcontractors and working with the City of Corvallis who is the owner of the site.

APPROVED BY:

April Brenden-Locke, Contract Services Manager, ODFW Date

7/16/2024