234-24-SoleSourceDetermination-RadioTelemetry-Approved.pdf

SOLE-SOURCE DETERMINATION AND JUSTIFICATION

FOR SUPPLIES AND SERVICES

To: April Brenden-Locke

ODFW Designated Procurement Officer

From: Mark Hereford, Project Leader/Principal Investigator Klamath District Office

Procurement Officer: Rhea Rodriguez

Date: June 26, 2024

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

Part A

1. Authority to enter into a Sole-Source Contract: OAR 125-246-0170(2)(c)(H) (Sole-Source Procurements not exceeding $250,000 and according to ORS 279B.075 and OAR 125-247-0275)

2. Estimated Total Value of Contract: $104,450

3. Subject of Contract: Monitoring Repopulation of Salmon and Steelhead on the Klamath River Using Radio Telemetry

4. Background:

The Oregon Department of Fish and Wildlife (ODFW) Klamath Anadromous Restoration Program is collaborating with a diverse group of partners (including state, federal, tribal, and non-governmental organizations) on a monitoring study to assess the effectiveness of the Klamath River Dam removals.

The Klamath River is poised for the removal of four mainstem dams, opening over 400 miles of habitat that has been blocked for over a century. This is the largest river restoration project in the world and a significant step toward environmental justice for the 6 Native American tribes that have relied on the river to survive for millennia. Dam removal will directly benefit a suite of anadromous fish species including federally ESA-listed Coho Salmon, fall-run and spring-run Chinook Salmon, and steelhead Rainbow Trout. With one dam removed in 2023, and the other three to be removed by Fall of 2024, it is imperative to move monitoring plans into implementation as early as possible in 2024 to assess the effectiveness of this monumental restoration effort. The findings from this project will build ODFW’s understanding of dam removal, how fish repopulate newly opened habitats, and how stocks improve from landscape-level restoration projects. Working with its partners, ODFW will monitor radio-tagged fish with fixed sites and mobile tracking, which will provide detailed information on where adult salmon and steelhead migrate and spawn in the newly accessible habitat and the environmental variables that affect their migration.

Because dam removal has already begun, and adult salmon will be able to access the new habitat in the Fall of 2024, it is important that this monitoring effort begin as soon as possible.

The study aims to monitor adult salmon and steelhead repopulation into newly available habitat following the removal of the four hydroelectric dams on the Klamath River. Fish will be tagged with radio

Sole-Source Determination_rev01-31-24 Page 2 of 7 transponders in California below the former dam sites and track their movements and behaviors via stationary and mobile radio telemetry throughout the Oregon portion of the watershed above the removed dams. To accomplish this, the program needs radio transmitting tags equipped with sensors to record temperature and movement, as well as tags that provide a unique code to identify tagged individuals that last over two hundred (200) days. Along with this, the program will be utilizing radio frequency detection receivers that have already been purchased from previous projects and other partner organizations. The partner organizations will also be purchasing the same tags.

It is ODFW’s intent to purchase from the prospective Contractor, Lotek Wireless, Inc. (Lotek), a sole provider of these products:

Product Description Quantity Estimated Cost Lotek MCFT3-EM coded VHF radio transmitting tags 125 $ 40,000.00 Lotek SRX1200-D2 radio receivers 15 $ 50,000.00 Lotek SRX1200-MD2 radio receivers 2 $ 8,000.00 6 Element antennas 15 $ 6,000.00 Portable antennas 2 $ 450.00

Total Estimated Cost $ 104,450.00

These radio transmitting and sensor tags listed above are for use in freshwater fish such as salmon and steelhead. The unique characteristic of these tags that only Lotek can provide is their ability to produce a unique code for each individual fish tagged that can only be detected by Lotek brand receivers (some already in hand). This unique coding allows for studies that track individual fish throughout the landscape.

These tags also include technology that only Lotek can provide to collect temperature, movement, and archived data. ODFW’s principal investigator and partner organizations will be able using this technology to track and collect data from salmon and steelhead trout as they populate new habitat in Oregon following the removal of the four hydroelectric dams on the Klamath River. Lotek is the only manufacturer that produces and sells radio transmitters and radio receivers that is fully compatible with Lotek’s proprietary coding system. Tags will be attached externally on fish and will need to last longer than two hundred (200) days. Fifteen (15) stationary receivers (Lotek SRX1200-D2) will be needed throughout the watershed, and two (2) mobile receivers (Lotek SRX-MD2) will be needed to mobile track for individual fish. Some receivers for this study have already been acquired by federal and tribal partners, and only Lotek radio tags and receivers are exclusively compatible with each other.

5. Findings:

Lotek is the only manufacturer that produces and sells radio transmitters and radio receivers that are fully compatible with Lotek’s proprietary coding system. See Attachment 2 (letter from product manufacturer).

A. Market Research Overall Finding.

Source of this Information

After extensive research through searches on the internet, peer-reviewed scientific journals, communication with several state and federal agencies who work on similar projects, and attending multiple professional meetings such as the annual Oregon chapter of the American Fisheries Society Meeting, it has become apparent that there are two companies in North America that produce appropriate and reliable radio transponder tags. These two companies are Lotek and Advanced Telemetry Systems (ATS). Each manufacturer provides specific products for specific needs. This study requires uniquely coded transponder tags that identify over two hundred (200) individuals while also collecting water

Sole-Source Determination_rev01-31-24 Page 3 of 7 temperature and movement data through sensors in the tag. Through market research the program has found that Lotek is the only provider capable of meeting these specifications.

Supporting Documentation

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 radio transmitter tags needed for this collaborative study must be consistent and compatible among the participating organizations to achieve a cohesive study result. For this reason, ODFW intends to purchase from the sole-provider of VHF radio-coded transmitting tags and VHF receivers to be used throughout the study.

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.

Data will be shared across the collaborating partners and must be from standard and compatible equipment.

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.

Not applicable.

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 Attachment 1 that includes a comparison of available products from both manufacturers - Lotek and

ATS.

Approved by:

April Brenden-Locke, ODFW - DPO Date

6/26/2024

ATTACHMENT 1

Lotek and ATS Product Comparison

Sole-Source Determination_rev01-31-24 Page 5 of 7

ATTACHMENT 2

Letter from Product Manufacturer