Q&A sole source contract form (2).docx

WASHINGTON DEPARTMENT OF FISH AND WILDLIFE

SOLE SOURCE CONTRACT APPROVAL PROCESS FORM

Part 1 – Basic Information (Completed by Contracts/Purchasing Officer)

*DES requires 10 business days from filing date for review

Part 2 – WEBS Announcement (Completed by Contracts/Purchasing Officer)

Part 3 – Agency Website Announcement (Completed by Contracts/Purchasing Officer)

Part 4 – DES Sole Source Contract Justification (Completed by Project Manager)

What is the business need or problem that requires this contract?

This contract is needed to implement a Legislative Proviso passed in the 2023 Legislative session with the intent of rebuilding salmon runs in the Lake Washington basin. The Lake Washington sockeye population has experienced precipitous declines in recent years and is currently in a state of crisis, with little hope for recovery without management intervention. Predation on juvenile salmon by predatory fish species during rearing and migration is a key factor limiting salmon survival and recovery in the Lake Washington basin. The Washington State Legislature recognized the importance of this issue and passed a Proviso bill during the 2023 Legislative session providing $700,000.00 in funding for the 2023-2025 biennium to “initiate a demonstration project to contribute to rebuilding of salmon runs in the Lake Washington basin through suppression of predatory fish species.” A primary element of the Legislative Proviso calls for “Removal of nonnative species and northern pike minnow using trap, nets, or other means;”. The contract with Hickey Brothers Research (HBR) is necessary to implement this element of the Legislative Proviso.

Hickey Brothers Research (HBR) is a unique contractor and specializes in capturing fish from large inland lakes like Lake Washington. HBR is the only contractor experienced in this line of work currently operating in the Pacific Northwest. HBR participated in a recent (2023) pilot project involving fish capture in Lake Washington that was highly successful. During the pilot project HBR demonstrated their unique qualifications, abilities, and expertise in the use of multiple gear types to efficiently capture large numbers of freshwater fish from Lake Washington. HBR is used has a proven track record of high quality fish capture services and is used by other State and Federal natural resource management agencies to help with similar projects that involve the capture of large numbers of fish from freshwater lakes.

WDFW consulted with other State and Federal natural resource management agencies from the western US to seek out contractors that were conducting similar work. Hickey Brothers Research (HBR) was the only qualified contractor operating in the Pacific Northwest and HBR received very positive recommendations from all other resource management agencies that had worked with them. HBR conducts extensive fish capture work for Idaho Fish & Game and for the National Park Service on Yellowstone Lake. Other market research included an internet search for similar contractors offering this service in the Pacific Northwest. Alternate contractors providing this type of service and a comparable level of expertise were not located.

Contracting with HBR for fish capture services will result in significant cost savings and risk reductions for the State of Washington. The costs and risks associated with developing a State-Operated program (hiring/training/oversight of new State employees, as well as the acquisition/storage/maintenance of vessels and associated gear) capable of effectively implementing this work would be very high. Use of a qualified contractor like HBR for the fish capture work is currently the most efficient way to implement the Legislative mandate while minimizing both cost and risk. HBR’s performance during a recent pilot project on Lake Washington was highly professional and there is very little risk associated with working with this contractor.

Additionally, the Washington State Legislature and the WDFW Director’s Office have each identified this project/contract as a high priority for immediate implementation. Lake Washington salmon are in crisis. This issue has received significant public attention, prompting the Washington State Legislature to pass a Proviso bill to rebuild salmon stocks in Lake Washington through the removal of predator fish species. The costs of not aggressively implementing this management action to address the Lake Washington salmon crisis are high. There will be intense public criticism directed at the Washington State Legislature and the WDFW Director’s Office if the proposed project/contract is not implemented. Contracting with HBR will help mitigate the risks associated with taking no action to aid and recover salmon stocks in Lake Washington.

There are no special circumstances such as confidential investigations or copyright restrictions associated with this sole source contract.

WDFW is proposing this sole source contract because of the high-quality work and proven track record of Hickey Brothers Research. Working with Hickey Brothers Research on this project/contract would significantly accelerate WDFW’s progress in implementation of the Legislative mandate and addressing the Lake Washington salmon crisis.

There is no geographic limitation associated with this sole source contract. The proposed contractor is the only qualified contractor currently offering this service in the Pacific Northwest.

Failure to approve this sole source filing will result in the continued decline of salmon stocks in the Lake Washington basin. Failure to approve this sole source filing will result in negative public sentiment and criticism against the Washington State Legislature and the Washington Department of Fish and Wildlife. Lake Washington is in the heart of an urban area, and Lake Washington salmon are a well-known and highly visible species inhabiting the Lake. The Lake Washington salmon crisis has received significant public attention in recent years, prompting the Washington State Legislature to pass a Proviso bill in 2023 to rebuild salmon stocks in Lake Washington through the removal of predator fish species. The Washington State Legislature and the WDFW Directors Office are under intense public scrutiny to implement management actions identified within the 2023 Legislative Proviso to address the Lake Washington salmon crisis. Not having this sole source filing approved would likely be viewed as a failure to implement a Legislative mandate, and a failure to take action to aid and recover salmon stocks in the Lake Washington basin.

Hickey Brothers Research, LLC could be considered a small business. Other small businesses providing the required level of expertise are not available. The proposed project/contract is not able to be unbundled.

Since competition was not used as the means for procurement, how did the agency conclude that the costs, fees, or rates negotiated are fair and reasonable. Please make a comparison with comparable contracts, use the results of a market survey, or employ some other appropriate means calculated to make such a determination.

This contract will result in significant cost savings for our agency. The contractor (HBR) has specialized equipment (vessel and net gear) and highly trained staff that are able to capture large numbers of fish for a much lower cost than WDFW agency staff are capable of. A cost comparison analysis was conducted comparing WDFW Agency costs for fish removal with HBR contractor costs for fish removal, and HBR costs were much lower than WDFW agency costs for all fish species of interest. The estimated cost for HBR to capture one northern pike minnow (a predator fish species identified in the Legislative Proviso) was approximately $152 per fish while the WDFW cost to capture one northern pike minnow was estimated at ~$563. The HBR cost of capturing small mouth bass were estimated at approximately $202 per fish while the WDFW cost for capturing one small bass was estimated at ~$2,813 per fish. Yellow perch capture costs were ~$1.43 per fish for HBR and ~$74.01 per fish for WDFW. American Shad costs were ~$49 per fish for HBR and ~$469 per fish for WDFW. Results of the cost comparison analysis overwhelmingly indicated that HBR is able to capture large numbers of fish at a much lower cost than WDFW Agency staff is capable of.

Part 5 – DES Approval (Completed by Contracts/Purchasing Officer)