6274-0 sole-source-determination.pdf

SOLE-SOURCE DETERMINATION MEMO

FOR SUPPLIES AND SERVICES

Date: 6/11/2026 Sole source number: S-44300-00017200 | 6274

To: Kirk N. Rhoades, Designated Procurement Officer ODHS Office of Contracts & Procurement

Requestor: Dana Crosby Agency/division: Oregon Health Authority, Public Health Division, herein after referred to as “Agency” Program/office: Healthy Fish Consumption Program, Environmental Public

Health Section Contract specialist: Andria Otjen

Agency Sole source rule: Sole source authority:

OHA OAR 137-047-0275 ORS 413.033

Estimated total contract value: Estimated at $10,000 per year.

Description of goods or services:

Cyanotoxin analyses fish tissue and water matrices.

1. Background: This sole source justification applies to the purchase of:

GreenWater Laboratories is the only known private laboratory to offer the Total Adda Microcystins and Nodularins analysis on fish tissue using the MMPB method, as described in the peer-reviewed publications Brown et al. (2018), Foss et al. (2018), and Foss et al. (2017). No other laboratory advertises the ability to conduct this test for the purpose of analyzing total microcystins in tissue, nor provides a test option for this method.

GreenWater Laboratories is the only lab that can conduct all three requested analyses in complex biological matrices such as fish tissue. Cyanotoxin analysis in tissue matrices presents significant analytical challenges - including matrix interference, low detection limits, and the need for validated extraction and cleanup procedures—that are not encountered in routine water analysis. GreenWater Laboratories has developed and validated the methods and quality controls necessary to reliably perform these analyses in fish tissue, which is not a capability commonly available in the private laboratory sector.

2. Prospective contractor/vendor:

Legal entity name: CyanoHoldings, LLC DBA: GreenWater Laboratories Address: 205 Zeagler Drive, Ste. 302

Palatka, FL 32177 Contact person: Amanda Foss Phone: 1-386-328-0882 Email: amandafoss@greenwaterlab.com

Protests are due by 3:00 PM within seven calendar days after the first date the notice is posted on OregonBuys. Protests must be sent via mail, fax, email, or hand carried to the following address: Protests via telephone will not be accepted.

Oregon Department of Human Services Office of Contracts and Procurement ATTN: Andria Otjen Address: 500 Summer St, E03 Phone: (971) 208-4125 Fax: 503-378-4324 Email: ANDRIA.OTJEN@odhsoha.oregon.gov

Agency reserves the right to purchase additional testing, goods, services or training for 5 years from date of this notice.

3. Written findings of fact (market research):

The findings below must include factual information supporting the determination that meet the sole source requirement in statute.

Pursuant to ORS 279B.075, Agency must conduct market research that supports the assertion that there is only one source that can provide goods or services. Market research includes utilization of the internet, trade journals, agency vendor lists, professional organizations, studies, catalogs/industrial periodicals, vendor sources, yellow pages, etc.

For information technology contracts, any ownership or proprietary issues should be fully addressed with written documentation to support facts.

Agency must select at least one of the findings and prepare the determination as it specifically relates to the good or service being procured. More than one finding can be addressed. The findings are as follows:

Pursuant to ORS 279B.075 (2)(a): Provide findings supporting the determination that the efficient utilization of existing goods requires the acquisition of compatible goods or services from only one source.

or Pursuant to ORS 279B.075 (2)(b): Provide findings supporting the 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.

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

or

Pursuant to ORS 279B.075 (2)(d): Any other findings that support the conclusion that the goods or services are available from only one source. GreenWater Laboratories is the only known private laboratory that can perform the testing services required by the Agency. Sole source memo from GreenWater Laboratories is hereto attached as Attachment A.

APPROVED:

By:

Signed by DPO electronically via OregonBuys Kirk N. Rhoades or acting DPO

FINDINGS

The findings are accepted, adopted, and incorporated by reference herein.

Amanda Foss GreenWater Laboratories 205 Zeagler Drive, Ste. 302 Palatka, FL 32177 amandafoss@greenwaterlab.com

May 28, 2026

Healthy Fish Consumption Program Coordinator Environmental Public Health Oregon Health Authority

Dear Megan et al., GreenWater Laboratories is pleased to confirm our ability and willingness to serve as the sole-source laboratory provider for the OHA Healthy Fish Consumption Program for the 2025–2027 Biennium. We are prepared to perform all requested cyanotoxin analyses on fish tissue and water matrices, in full compliance with the specifications outlined in the Scope of Work.

Sole-Source Justification GreenWater Laboratories is the only known private laboratory to offer the Total Adda Microcystins and Nodularins analysis on fish tissue using the MMPB method, as described in the peer-reviewed publications Brown et al. (2018), Foss et al. (2018), and Foss et al. (2017).

No other laboratory, as of the writing of this letter, advertises the ability to conduct this test for the purpose of analyzing total microcystins in tissue, nor provides a test option for this method.

More broadly, GreenWater Laboratories is uniquely positioned to conduct all three requested analyses in complex biological matrices such as fish tissue. Cyanotoxin analysis in tissue matrices presents significant analytical challenges—including matrix interference, low detection limits, and the need for validated extraction and cleanup procedures—that are not encountered in routine water analysis. Our laboratory has developed and validated the methods and quality controls necessary to reliably perform these analyses in fish tissue, which is not a capability commonly available in the private laboratory sector.

Operational Commitments GreenWater Laboratories commits to the following requirements as specified in the SOW:

• Maximum turnaround time (TAT) of 25 days from sample receipt to delivery of results

• QA/QC compliance per Table 2 of the SOW: Lab Duplicate, MS/MSD, Lab Control

Samples, and Method Blanks at a rate of 1 per batch (maximum 20 samples per batch) for all three analytes

• Data qualification in accordance with OR DEQ Data Qualification Criteria, including timely notification of any QA/QC failures

• Archiving of leftover fish tissue samples in a freezer for 90 days post-analysis

Attachment A mailto:amandafoss@greenwaterlab.com

Per-Unit Pricing GreenWater Laboratories commits to fixed per-unit pricing through December 31, 2027. A separate, itemized quote is enclosed with this response.

Applicable Standard Operating Procedures The following SOPs from the enclosed GreenWater Laboratories General QA/QC Protocols document (last updated August 29, 2025) are directly applicable to the analyses requested in the SOW:

SOP

Analysis Method Citation

63 Total Microcystins/Nodularins by LC-MS/MS (MMPB)

MMPB – 2-methyl-3-methoxy-4-phenylbutyric acid

Standard Methods 10110;

Foss et al. 2019

64 Anatoxin-a Suite by LC-

MS/MS

ATX Suite (anatoxin-a, dihydroanatoxin-a, epoxyanatoxin-a, homoanatoxin-a, dihydrohomoanatoxin-a, epoxyhomoanatoxin-a)

Foss et al. 2018

65 Anatoxin-a and/or Cylindrospermopsin by LC-

MS/MS

US EPA Method 545

(#EPA/600/R-17/130)

US EPA Method 545

Our complete General QA/QC Protocols document is enclosed for reference.

Please do not hesitate to contact me with any questions or to proceed with contract execution.

Sincerely, Amanda Foss President GreenWater Laboratories