S-63500-00017322 Leaburg Hatchery Fish Pump.pdf

Sole-Source Determination_rev01-31-24 Page 1 of 3

SOLE-SOURCE DETERMINATION AND JUSTIFICATION FOR

SUPPLIES AND SERVICES

Date: June 9, 2026 To: April Brenden-Locke, Designated Procurement Officer, Contract Services, Administrative Services Division

From: Erik Withalm, ODFW Leaburg Hatchery Manager Jazmine Rotaru, Procurement and Contracts Assistant

RE: Sole Source Determination pursuant to Oregon Revised Statute (ORS) 279B.075 and

Oregon Administrative Rule (OAR) 125-247-0275

CSR: CSR 222-26 Acquisition of Larger Fish Pump, Dewatering Tower, and Truck Loading Unit for Leaburg Fish Hatchery

Part A

1. Authority to enter into a Sole-Source Contract: OAR 125-246-0170(2)(c)(H)

2. Estimated Total Value of the Procurement: $115,000

3. Single or Multiple Purchases: Single

4. Proposed Contractor: Magic Valley Heli-Arc & Mfg., Inc.

5. Brief Description of Goods or Services to be procured: 8-inch gas powered Fish Pump with Suction Tube Assembly and Dewatering Truck Loading Mobile Tower, including Hoses and Fittings

6. Background: Leaburg Hatchery currently operates with a fish pump and dewatering tower assembly that is over 30 years old, is no longer reliable, requires excessive maintenance and repairs, and is a risk to fish health and well-being during loading operations. Since the equipment is so old, parts are difficult or impossible to source. This has led to the pump not being able to move the volume of fish and water it was originally designed to move, which limits the hatchery’s ability to utilize this pump for trophy trout at or above one pound in size. The trophy trout program is comprised of 70,000 one pounders stocked in various waterbodies throughout the Willamette Valley. This requires multiple loadings of different stocking trucks over the course of several months. When the old pump fails to move the proper volume of water, fish are more likely to be hit by the internal turbine, leading to injury or mortality. This has happened on several occasions over the last couple of years. A brand new 8-inch fish pump is designed to pump fish up to 2 pounds, ensuring any size variation in the trophy fish program over one pound can be safely handled by this pump.

7. Findings:

A. Market Research Overall Finding.

Sole-Source Determination_rev01-31-24 Page 2 of 3

A review of available products indicates that the Aqua-Life Harvester system, produced by Magic Valley Heli-Arc & Mfg., is the only production-scale fish pump and mobile dewatering tower currently available on the market. No alternative vendors or products meet the requirements for:

- High-capacity pumping suitable for large fish (> 1 pound)

- Integrated mobile dewatering tower

- Truck loading capability

- Proven design minimizing fish injury and mortality

Magic Valley Heli-Arc & Mfg., producer of Aqua-Life products, produces the model BP80H-P-1 Aqua- Life Harvester/Dewatering Tower, 8 inch Unit. This unit is an all-in-one fish pump and dewatering tower on a towable trailer used for loading fish liberation trucks. While other companies produce fish pumps, this is the only company producing the pump and dewatering system in an all-in-one package that is easily moved throughout the facility. Space is limited throughout the facility to fit liberation trucks and a fish pump during loading operations, which is why a compact, all-in-one system is required.

The primary market for aquaculture fish pumps is driven by commercial net pen operations.

Companies such as VAKI, Marco, Inventive Marine Products Limited, and PG Flow Solutions produce pumps designed to move live fish, however, none offer a model that combine dewatering capabilities with truck loading functionality without requiring significant additional infrastructure investment and custom engineering.

The agency has evaluated the criteria under OAR 125-247-0691 and determined that the use of a brand name specification is justified under Section (2)(a) because only one manufacturer or seller of the product exists, as confirmed by market research.

And

B. Findings of Fact pursuant to OAR 125-247-0275(2) must include, at a minimum, one of the following:

1. Pursuant to OAR 125-247-0275(2)(a): Compatibility. Provide findings supporting your determination that the efficient utilization of existing goods requires the acquisition of compatible goods or services from only one source.

Leaburg Hatchery currently uses Aqua-Life Harvester pumps. Purchasing the same brand ensures full integration with existing components, avoids additional costs for adapters or facility modifications, and eliminates downtime for staff training on new equipment.

2. Pursuant to ORS 279B.075 (2)(b): Exchange of Software or Data. Provide findings supporting your 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.

3. Pursuant to ORS 279B.075 (2)(c): Pilot or Experimental Project. Provide findings supporting your determination that the goods or services are for use in a pilot or an experimental project.

4. Pursuant to ORS 279B.075 (2)(d): Other findings that support the conclusion that Supplies and Services are available from only one source may include but are not limited to considerations of:

Sole-Source Determination_rev01-31-24 Page 3 of 3 unique design, availability, geographic location, exclusive authorized representative, cost of conversion, and warranty services.

See Section 7A above. Magic Valley Heli-Arc & Mfg., Inc. is the exclusive designer and manufacturer of Aqua-Life brand products, including fish pumps and harvesting systems. Aqua-Life is the only manufacturer producing the complete harvesting package specified in proposal 26-303R2. This package includes the fish pump, power unit, and dewatering unit, mounted on a mobile trailer with an upper platform that can be hydraulically raised or lowered to accommodate multiple harvest heights.

Part B - Conditions of Approval will be inserted by ODFW-DPO.

April Brenden-Locke, Contract Services Manager, ODFW Date

6/25/2026

TO WHOM IT MAY CONCERN:

The intention of this letter is to address the issue of MariSource and its products as a sole source.

MariSource, a subsidiary of Legend Brands and is the only manufacturer and government supplier of the Marisource vertical incubators for salmon and trout. All Incubators and all Marisource Hatchery Supplies and products are manufactured in Burlington, WA.

If you have any questions, please do not hesitate to contact us.

Sincerely, Douglas Hauff Director 15180 Josh Wilson Road Burlington, WA 98233 206 972 0001