D.03 7N24Q0023 Lebanon PIT System OM Sole Source_Redacted JnA.pdf

OJL-24-0034

SOLE SOURCE JUSTIFICATION FOR SOUTH SANTIAM RIVER’S

LEBANON DAM PASSIVE INTEGRATED TRANSPONDER (PIT)

INTERROGATION SYSTEM ROUTINE OPERATIONS,

MAINTENANCE, AND DATA MANAGEMENT

1. CONTRACTING AGENCY:

Portland District, U.S. Army Corps of Engineers, Contracting Division, 333 SW First Avenue, OR 97204-3495.

2. DESCRIPTION OF ACTION:

Approval is being requested for a new firm fixed price, performance based service contract with with Biomark to perform routine operation, maintenance, and data management of a newly installed Passive Integrated Transponder (PIT) Interrogation System on Lebanon Dam, Oregon. The contract will support meeting the requirements under the Biological Opinion (BiOp) on the Continued Operation and Maintenance of the Willamette River Basin Project under the Endangered Species Act (ESA), and Court Injunction Case 3:18-cv-00437-HZ by the U.S. Army Corps of Engineers (USACE), Portland District (NWP). This action will be funded using FY 2023 Civil Works No-Year General Construction funding and has an estimated cost of . The base period of performance of this contract is from the date of award through April 2025 with the ability to extend the period of performance via a 12-month FAR 52.217-9 term option and up to an additional 6 months via FAR 52.217-8.

3. DESCRIPTION OF SERVICES:

Perform operation, maintenance, and data management of a newly installed Passive Integrated Transponder (PIT) Interrogation System on Lebanon Dam, Oregon as described below.

Task 1.1 - System Data Management Perform data management on the PIT Interrogation System including performance of daily downloads from the PIT Interrogation System Master Controllers, quality check the data for errors, and upload data to PTAGIS, (http://www.ptagis.org).

Task 1.2 – System Operation and Maintenance Perform daily system health checks of the PIT Interrogation System to include diagnostics check on the system, monitor the diagnostic data, and evaluate and interpret if the entire PIT Interrogation System is functioning and collecting data. Regularly check for firmware updates and trouble shoot master controllers if they malfunction. Notify COR if damage or degraded parts of the PIT Interrogation system are identified during the period of performance. Procure and store all essential spare parts to have on hand.

Repair any damage to essential parts with the onhand spares.

Task 1.3 – System Annual Inspection

Perform an annual onsite physical inspection of the entire PIT Interrogation System, to include inspecting all equipment, Master Controllers, exposed cables, wires, and antennas. Submit a letter report documenting the findings ot the inspection.

4. AUTHORITY CITED:

Pursuant to 10 U.S.C. § 2304(c)(1), as implemented by Federal Acquisition Regulation (FAR) 13.106 -1(b), soliciting from a single source.

5. REASON FOR AUTHORITY CITED:

a. Background: Biomark was the subcontractor under prime McMillen, LLC who was awarded Contract No. W9127N22P0050 to meet the unique challenges of this study area. The PIT Interrogation System and related equipment was custom-built and mostly installed by Biomark; it is not commercially available.

Data consistency and continuity are critical for fish passage and survival research on long-term population trends in the basin. Additionally, the Court Injunction Case under the Endangered Species Act (ESA), and Court Injunction Case 3:18-cv-00437-HZ requires the continued operation of the PIT interrogation system.

Any gaps or shift in data collection protocols would preclude the comparison of data from year to year. This would result in many small datasets rather than one continuous dataset and USACE would be out of compliance with the Court Injunction. The Government has determined this contract to be of critical importance to the continued monitoring and studies as required by the court injunction.

b. Alternatives considered and negative impact if this J&A is not approved

There are no other alternatives available to the Government at this time.

c. Impact

All service and supplies must be compatible in all aspects (form, fit, and function) with existing PIT interrogation system presently installed at Lebanon Dam. The current system is designed, fabricated, installed, and monitored by Biomark.

Maintenance or repair must use Biomark’s products and expertise as they are a full-service vendor who’s detection antennas are unique and their designs proprietary. Given the system elements are proprietary, maintenance services of the PIT system instruments performed by third parties will void all warranties, only the original manufacturer can meet this requirement.

6. EFFORTS TO OBTAIN COMPETITION:

A Notice of Intent (NOI) to Sole Source was posted to sam.gov on 01 March 2024 for 15 days. No interested parties responded to the NOI (see eFile A.02 Special Notice – NOI – W9127N24Q0023 & No Interested Vendors). Based upon the information above, competition for this action is not feasible.

7. ACTIONS TO INCREASE COMPETITION:

Competition is not feasible at this time due to the proprietary nature of this custom system. Maintenance services of the current PIT interrogation system performed by third parties will void all warranties; only the original manufacturer can meet this requirement.

8. MARKET RESEARCH:

Market research was conducted through an SBA DSBS and QMS search on 08 March 2024. Both searches indicated there were no potential small business vendors who could provide the required service (see A.02 Market Research Report 7N24Q0023).

9. INTERESTED SOURCES:

As previously mentioned in section 6 above, an NOI to sole source was posted on sam.gov under solicitation number W9127N24Q0023 on 01 March 2024 for 15 days. No other vendors have expressed an interest in this project or identified themselves as a possible source in the near future.

10. OTHER FACTS:

The Lebanon Dam is not owned or operated by USACE. The court injuction mandated the installation of PIT Interrogation on the South Satiam at Lebanon Dam to which the City of Albany agreed to and maintains a lease agreement for the equipment located at the dam.

In November 2022, it was assumed that large debris/logs damaged the PIT Interrogation System and negotiations with McMillen, LLC. definitized repairs via Modification No.

P00006 to Contract No. W9127N22P0050. As previously noted, McMillen subcontracted with Biomark to perform the previous contract requirements. In its Modification No.

P00006 proposal, dated 25 May 2023, for PIT system electrical and repair work, McMillen even suggested an operations & maintenance contract directly with Biomark further supporting the need for this proposed sole source action: “This type of contract typically includes a maintenance contract with committed funds so that the system is regularly inspected and maintained. This further allows for a quick response if issues occur that are unrelated to manufacturer defects. Contractor’s PIT interrogation system vendor (Biomark) performs maintenance services for other similar Clients and has included some optional pricing in its proposal for the Government’s consideration;

however, pricing has not been included in this. McMillen respectfully suggests that discussions occur on a potential O&M contract to maintain the system over its functional period.”

11. TECHNICAL & REQUIREMENTS CERTIFICATION:

I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

NAME:

TITLE: Lead Civil Engineer SIGNATURE:

12. FAIR AND REASONABLE COST DETERMINATION

IAW FAR 15.403(b)(3), Obtaining Certified Cost or Pricing Data, the Government will not request certified cost or pricing data to determine the anticipated cost to the Government for this contract action to be fair and reasonable. I hereby determine the anticipated cost to the Government for this contract action will be fair and reasonable.

TITLE: Contracting Officer SIGNATURE:

13. CONTRACTING OFFICER CERTIFICATION:

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

TITLE: Contracting Officer SIGNATURE: