JnA Lebanon PIT System OM Sole Source MOD P00001_Redacted.pdf

OJL-24-0049

SOLE SOURCE JUSTIFICATION FOR OUT-OF-SCOPE

MODIFICATION P00001 TO CONTRACT W9127N24P0050

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 an out-of-scope firm fixed price modification on contract

W9127N24P0050 with Biomark to perform nonroutine maintenanceof the existing

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 Civil Works No-Year General Construction funding and has an estimated cost of . The original contract period of performance is not impacted by the this modification.

A high water event during winter 2024 damaged the existing PIT system at Lebanon

Dam. The extent of the damage could not be assessed until after the water receded, which happened after award of contract W912BV24P0050. Two of the required panels and the installation service are covered under the existing contract. This modification is for the additional supplies outlined below.

3. DESCRIPTION OF SERVICES:

Task 1.4 – Minor System Repair

Furnish and install materials listed in the below table during the in water work window anticipated between October and November of 2024. Coordinate with COR for exact dates of install at least 14 days in advance of anticipated onsite work. Calibrate new equipment base on manufactures’ recommendations. Perform function testing and tuning after install to confirm system functions as expected. Payment will be made upon receipt and acceptance of function test report.

Description Quantity

V3 20' MID NODEb 2

100’ CAN Bus Cable (N Spillway) 1

250’ CAN Bus Cable (M Spillway) 1

1-1/2” Rigid Conduit (200’) and fittings 1

Metal Debris Deflectors and mounting hardware

(20’ total length) 1

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. Contract

W9127N24P0050 was awarded on 22 May 2024 for , directly to

Biomark on a sole source basis using SAP non-competition for the operation, maintenance, and date management of the PIT Interrogation System.

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:

Prior to the award of this modification, Notice of Intent (NOI) to Sole Source was posted to sam.gov on 30 July 2024 for 15 days. No interested parties responded to the NOI (see eFile A.02 Special Notice – NOI – W9127N24P0050 P00001 & 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 as W9127N24P0050 P00001 on 30 July 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:

A Sole Source Justification dated 04 April 2024and amended Sole Source Justification dated 02 May 2024 was approved by the contracting officer for the base contract

W9127N24P0050.

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: Fishery Biologist 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: