Odor_Control_Compnay_-_Justification_Form.pdf

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Attached to
Sole Source w/Odor Control Company
Solicitation number
4710512
Issued by
Brevard County, Florida

About this file

This document is a Sole Source Justification and Approval Form from the Brevard County Board of County Commissioners for the Natural Resources department. The procurement seeks to engage Odor Control Company, Inc. for a $10,000 annual contract to provide odor mitigation services for the Save Our Indian River Lagoon Grand Canal Muck Removal Project. The specific solution involves using proprietary WindScent™ sleeves containing odor-neutralizing granules to be hung along fence lines near residential areas during active muck processing. The project aims to control hydrogen sulfide (H2S) odors generated during dredge material management, with a procurement timeline from May 12, 2025, to May 15, 2025, posted on the Vendor Link platform.

The sole source justification emphasizes that Odor Control Company is the only identified vendor offering a non-invasive, environmentally sensitive odor control solution. Unlike alternative vendors that use liquid-based products requiring chemical misting or injection, the WindScent system provides a passive approach that does not introduce chemicals into the environment or alter dredged material. The procurement includes multiple exemption criteria, such as being the original manufacturer with no regional distributors and providing a solution uniquely tailored to the department's specialized needs. The county reserves the right to cancel the sole source notice and issue a formal solicitation if alternative solutions are deemed viable, maintaining flexibility in the procurement process.

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Rev: 03/03/2025

BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS

SINGLE/SOLE SOURCE JUSTIFICATION AND APPROVAL FORM

Sole Source: The ONLY known supplier for unique products and services where no other options are available.

Single Source: Though there may be alternate sources for the product or service requested, circumstances dictate the use of the proposed vendor. (i.e., availability, timeliness, location, etc.)

PART I – GENERAL REQUESTOR INFORMATION

Date Submitted: __________ Requesting Department: ____________________________________

Contact Person/Phone #: ____________________________________

// Annual Purchase

Requisition #:

One-time Purchase

Amount of Purchase: (One time) // (Estimated annual amount)

PART II – RECOMMENDED VENDOR INFORMATION

Vendor/Contractor Name:

Vendor/Contractor Contact Name:

Vendor/Contractor Phone:

Vendor/Contractor Email:

PART III – SINGLE/SOLE SOURCE VALIDATION

1. Provide a detailed description of service/commodity to be provided by the vendor.

2. State why the recommended vendor is the only one capable of providing the required supplies and/or commodities. Include any back-up information or documentation that supports your recommendation. (Acceptable responses to this question will include strong pragmatic/technological information that supports the claim that there is only one vendor that can provide the services and/or commodities). Attach vendor letter and additional sheet if necessary.

3. List any other sources that have been contacted and explain in detail why they cannot fulfill the County's requirements. (Responses to this section should include information pertaining to any research that was conducted to establish that the vendor is a sole source.

Responses should include information pertaining to discussions with other potential suppliers, and why they were no longer being considered by the County).

PLEASE FORWARD ALL REQUESTS TO: SingleSource@brevardfl.gov

05/05/2025 Natural Resources

Abbey Gering (321) 451-0290

$10,000.00

Odor Control Company, Inc.

Michelle Lang

(480) 288-2126 michelle@odorcontrolco.com

Please see attached documents.

Please see attached documents.

Please see attached documents.

PART III – SINGLE/SOLE SOURCE VALIDATION

1. Provide a detailed description of the service/commodity to be provided by the vendor.

The proposed product will be used to mitigate hydrogen sulfide (H₂S) odors at the

Dredge Material Management Area (DMMA) for the Save Our Indian River Lagoon

Grand Canal Muck Removal Project. Hydrogen sulfide is a natural byproduct of decomposing organic material, or "muck," that accumulates in the lagoon. When muck is dredged and processed at the DMMA, it can release temporary odors, commonly described as a “rotten egg” smell. Odor Control Company, Inc. will provide odor-neutralizing granules designed for use in their proprietary WindScent™ sleeves. The granules will be placed inside the sleeves, which will then be hung along the fence line adjacent to residential areas to help control odor at the site during active muck processing. This passive odor control approach does not introduce chemicals into the environment or the dredged material.

2. State why the recommended vendor is the only one capable of providing the required supplies and/or commodities. Include any back-up information or documentation that supports your recommendation. (Acceptable responses to this question will include strong pragmatic/technological information that supports the claim that there is only one vendor that can provide the services and/or commodities.) Attach the vendor letter and additional sheet if necessary.

Odor Control Company, Inc. is the only vendor identified that offers a non-invasive odor control solution compatible with environmental muck dredging in the IRL. Their proprietary WindScent™ sleeves contain odor-neutralizing granules that are hung around odorous areas to mitigate odor without altering the muck or interfering with interstitial water treatment. Alternative vendors, such as Ecolo, primarily offer liquid-based odor control products designed to be misted into the air or injected into treatment systems. These products often rely on proprietary blends of extracts and chemical neutralizers. In addition to potential concerns about introducing unnecessary compounds into a sensitive environmental setting, these systems typically require the purchase and operation of specialized misting equipment—such as the AirStreme system from Ecolo—which increases overall cost and complexity.

Given the passive nature of the WindScent™ system, and its compatibility with the goals of a restoration-focused dredging project, no other vendor has been identified that meets the operational, environmental, and logistical requirements of this application.

3. List any other sources that have been contacted and explain in detail why they cannot fulfill the County's requirements. (Responses to this section should include information pertaining to any research that was conducted to establish that the vendor is a sole source. Responses should include information pertaining to discussions with other potential suppliers, and why they were no longer being considered by the County).

Review of products online and communications with Odor Control Company, Inc. have revealed no comparable systems. As mentioned above, other odor-controlling products are typically liquid and must be misted or directly injected into the system. The granules and proprietary WindScent™ sleeves from Odor Control Company, Inc. offer a passive odor control approach that does not introduce chemicals into the environment or the dredged material.

Check all entries below that apply to the proposed purchase which exempt formal competition. (More than one entry will apply to most sole source products/services requested).

SOLE SOURCE REQUEST IS FOR THE ORIGINAL MANUFACTURER OR PROVIDER.

THERE ARE NO REGIONAL DISTRIBUTORS. (Attach the manufacturer’s written communication that no regional distributors exist. Item no. 4 must also be completed.)

SOLE SOURCE REQUEST IS FOR THE ONLY STATE OF FLORIDA DISTRIBUTOR OF

THE ORIGINAL MANUFACTURER OR PROVIDER. (As a separate document, include the manufacturer’s - not the distributor’s – written certification that identifies all regional distributors.

Item no. 4 must also be completed.)

THE PARTS/EQUIPMENT ARE NOT INTERCHANGEABLE WITH SIMILAR PARTS OF

ANOTHER MANUFACTURER. PARTS ARE “DIRECT REPLACEMENTS”

PARTS/COMPONENTS FOR EXISTING EQUIPMENT.

THIS IS THE ONLY KNOWN ITEM OR SERVICE THAT WILL MEET THE SPECIALIZED

NEEDS OF THIS DEPARTMENT OR PERFORM THE INTENDED FUNCTION.

THE PARTS/EQUIPMENT REQUIRED FROM THIS SOURCE ARE TO PERMIT

STANDARDIZATION. (Attach separate memorandum describing the basis for standardization request.)

NONE OF THE ABOVE APPLIES. A DETAILED EXPLANATION AND JUSTIFICATION FOR

THIS SOLE SOURCE REQUEST IS CONTAINED IN AN ATTACHED MEMORANDUM.

PART IV – CERTIFICATION AND APPROVALS

I have reviewed the following Single/Sole Source justification and concur with the request, fully understanding the implications of Section 838.22 of the Florida Statutes:

(2) “It is unlawful for a public servant or a public contractor who has contracted with a governmental entity to assist in a competitive procurement to knowingly and intentionally obtain a benefit for any person or to cause unlawful harm to another by circumventing a competitive solicitation process required by law or rule through the use of a sole-source contract for commodities or services.”

(3) ”It is unlawful for any person to knowingly agree, conspire, combine, or confederate, directly or indirectly, with a public servant or a public contractor who has contracted with a governmental entity to assist in a competitive procurement to violate subsection (1) or subsection (2).”

(5) ”Any person who violates this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.”

Each undersigned individual hereby attests that he/she took part in the non-competitive procurement identified above, and has reviewed Florida Statutes, Chapter 838 as it relates to sole source contracts, and that he/she is independent of, and has no conflict of interest in, the entity evaluated and selected.

Requisitioner Signature: _______________________________________________ Date: ___________

Requesting Department Director Signature: ________________________________ Date: ___________

Purchasing Manager’s approval: ________________________________________ Date: ___________

Assistant County Manager/County Manager Approval (as applicable–ACM $50K-$100K//County Manager $100K-$200K// BoCC $200K<):

_________________________________________ Date: ___________

Sole Source Approval ID #: ___________

Gering, Abbey Digitally signed by Gering, Abbey Date: 2025.05.09 13:24:29 -04'00'

Barker, Virginia Digitally signed by Barker, Virginia Date: 2025.05.09 14:25:58 -04'00'

4710512

05/12/2025

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