Sole-Source Determination and Justification_S-63500-00018161.pdf

Sole-Source Determination_rev01-31-24 Page 1 of 4

SOLE-SOURCE DETERMINATION AND JUSTIFICATION FOR SUPPLIES AND SERVICES

Date: 10/6/2026 To: April Brenden-Locke, Designated Procurement Officer, Contract Services, Administrative Services Division

From: David Pease, ODFW Cole M Rivers 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 # 241-26 -Purchase of Aqua-Life BP40 and BP60 Electric fish pumps

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: $133,868.25 pls freight

3. Background:

The Oregon Department of Fish and Wildlife (ODFW), Cole M. Rivers Hatchery, intends to purchase one Aqua-Life BP40 Electric Fish Pump and one Aqua-Life BP60 Electric Fish Pump with integrated dewatering towers manufactured by Magic Valley Heli-Arc & Manufacturing, Inc.

These pumps are essential pieces of equipment used throughout hatchery operations for loading fish liberation trucks, distributing fish from the marking trailer, transferring fish to the fish grader and fish sorting trailer, splitting fish groups, moving fish between raceways, and other routine fish handling operations. These activities occur throughout the production year and require equipment that safely transports fish while minimizing handling stress and injury.

The hatchery's current 8-inch hydraulic fish pump has experienced significant mechanical problems. The pump is no longer capable of operating at its designed RPM, resulting in reduced pumping performance.

Staff have not been unable to identify the cause of the reduced operating speed despite troubleshooting efforts. Additionally, the hydraulic system has developed hydraulic fluid leaks, increasing maintenance requirements and creating concerns regarding equipment reliability and the potential for hydraulic fluid releases during hatchery operations.

The proposed BP60 Electric Fish Pump will replace the operational capability of the existing 8-inch hydraulic unit. Although utilizing 6-inch hose and fittings, the BP60 is capable of pumping the same size classes of fish while significantly reducing hose weight and improving employee safety during equipment deployment and operation. The electric drive system also eliminates many of the maintenance issues associated with aging hydraulic equipment.

The BP40 Electric Fish Pump will replace an aging 6-inch fish pump that has become increasingly unreliable. The BP40 performs the majority of fish transfer operations conducted at the hatchery, Sole-Source Determination_rev01-31-24 Page 2 of 4 including fish transfers from the marking trailer, grading trailer, sorting trailer, and raceway transfers.

These operations frequently require long hose runs. The use of 4-inch hose substantially reduces lifting requirements, improves employee ergonomics, and increases operational efficiency compared to larger diameter hose.

5. Findings:

ODFW conducted a review of the aquaculture equipment market between June–July 2026.

Vendors evaluated include VAKI, Marco, Inventive Marine Products Limited, and PG Flow Solutions. While these companies produce fish pumps suitable for net pen operations, none of these manufactures offer a single integrated unit combining:

• A fish pump

• A dewatering tower

• A variable-speed electric drive

• A height-adjustable discharge system for multiple truck loading configurations

• A self-contained trailer platform designed for frequent relocation within tight hatchery spaces

Each competitor achieving similar functionality would require custom engineering, independent dewatering infrastructure, and additional permanent facility modifications that are not feasible for the Cole M. Rivers Hatchery due to space constraints, existing infrastructure layout, and operational safety requirements.

Furthermore, Aqua-Life Harvester systems are the only pumps designed specifically for hatchery-based fish handling, rather than for offshore or net-pen environments, which require different hose lengths, power systems, and mobility capabilities.

A. Market Research Overall Finding.

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.

The Aqua-Life BP40 and BP60 systems provide:

• Integrated fish pumping and dewatering capability

• Variable-speed electric drive systems

• Portable trailer-mounted design

• Equipment specifically engineered to minimize fish stress and injury

• Equipment capable of supporting hatchery fish transfer, liberation, grading, sorting, and spawning operations

Magic Valley Heli-Arc & Mfg., producer of Aqua-Life products, produces the model BP40 and BP60 These units are an all-in-one fish pump and dewatering tower on a towable trailer used for loading fish

Sole-Source Determination_rev01-31-24 Page 3 of 4 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.

Cole Rivers Hatchery’s requirements can only be met by a product that is portable and easily moved around the facility, that not only has the capability to pump live fish but can also accommodate loading many different sizes and heights of liberation trucks. Aqua-life is the only company currently producing a single product that will meet these requirements.

Documentation of vendor exclusivity and product specifications is attached to this justification.

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.

Cole M Rivers Fish 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 4 of 4 unique design, availability, geographic location, exclusive authorized representative, cost of conversion, and warranty services.

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. 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.

Using equipment from the same manufacture ensures full compatibility with existing systems, eliminating the need for facility modifications. This approach avoids additional design and engineering costs that may be associated with other manufacturers’ equipment. The Willamette hatchery has already been adapted for the current Aqua-Life pump, so selecting a similar pump model allows for seamless integration. This means the new system can be operational immediately, with no downtime for staff training or infrastructure.

The hatchery requires equipment that can be rapidly deployed in multiple locations and maneuvered around narrow raceway corridors. Aqua-Life’s integrated platform is the only product with a compact footprint that eliminates the need for additional dewatering equipment, significantly reducing setup time, labor, ergonomic strain, and physical space requirements. Competing systems do not offer mobile dewatering towers, and using them would require manual handling systems that significantly increase risk to staff and fish, as well as substantial capital investment for additional fixed infrastructure.

Continued use of Aqua-Life equipment is necessary to maintain compatibility with existing hoses, fittings, electrical connections, operational protocols, and staff training. Introducing a new manufacturer would require additional training time, increased safety risks, and operational downtime during the transition.

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

April Brenden-Locke, Contract Services Manager, ODFW Date

10/7/2026