6275-0 sole-source-determination.pdf

SOLE-SOURCE DETERMINATION MEMO

FOR SUPPLIES AND SERVICES

Date: 6/10/2026 Sole source number: S-44300-00017201 | 6275

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:

Saxitoxin analysis in fish and shellfish tissue samples.

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

Bigelow Analytical Services is uniquely qualified to provide saxitoxin analysis in fish and shellfish tissue samples using the methods and matrices outlined by Agency.

Bigelow operates an FDA-certified marine biotoxin laboratory and is currently the only private laboratory listed on the National Shellfish Sanitation Program (NSSP) laboratory list offering these analytical capabilities for the requested analytes and matrices. The laboratory has extensive experience in marine toxin analysis, validated analytical methods, and rapid response testing to support public health monitoring and regulatory decision-making.

Due to the specialized instrumentation, technical expertise, validated methods, and regulatory certifications required for this work, Bigelow Analytical Services is uniquely positioned to provide the requested services on an expedited and ongoing basis.

2. Prospective contractor/vendor:

Legal entity name: Bigelow Analytical Services DBA: Bigelow Analytical Services Address: 60 Bigelow Drive

East Boothbay, ME 04544 Contact person: Kevin Posner Phone: 207-315-2567 x507 Email: kposman@bigelow.org

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 the 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: Bigelow Analytical Services is the only known private laboratory that can perform the services required by the Agency. Sole source memo from Bigelow Analytical Services 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.

Bigelow Analytical Services - May 27th, 2026

Sole Source Justification for Saxitoxin Analysis in Fish and Shellfish Tissue Requested by Healthy Fish Consumption Program (HFCP) at Oregon Health Authority

Bigelow Analytical Services is uniquely qualified to provide saxitoxin analysis in fish and shellfish tissue samples using the methods and matrices outlined in the Oregon Health Authority Healthy Fish Consumption Program Scope of Work.

Bigelow operates an FDA-certified marine biotoxin laboratory and is currently the only private laboratory listed on the National Shellfish Sanitation Program (NSSP) laboratory list offering these analytical capabilities for the requested analytes and matrices. The laboratory has extensive experience in marine toxin analysis, validated analytical methods, and rapid response testing to support public health monitoring and regulatory decision-making.

Due to the specialized instrumentation, technical expertise, validated methods, and regulatory certifications required for this work, Bigelow Analytical Services is uniquely positioned to provide the requested services on an expedited and ongoing basis.

Attachment A