Sole Source Determination.pdf

SOLE-SOURCE DETERMINATION MEMO

FOR SUPPLIES AND SERVICES

Date: 3/9/2023 Sole source number: S-44300-00006068

To: Kirk N. Rhoades, Designated Procurement Officer DHS Office of Contracts & Procurement

Requestor: Lynette Hass Agency/division: Oregon Health Authority, Oregon State Hospital herein after referred to as “Agency” Program/office: Facilities - Maintenance Contract specialist: Andria Otjen

Agency Sole source rule: Sole source authority:

OHA OAR 137-047-0275 ORS 413.033

Estimated total contract value: $100,000

Description of goods or services: Purchase of Bioxide Odor Control Sewage Treatment from Evoqua Water Technologies LLC.

1. Background: This sole source justification applies to the purchase of Bioxide Odor Control Sewage Treatment from Evoqua Water Technologies LLC. Purchase Orders will be issued to Evoqua Water Techologies LLC for Bioxide to be delivered to the Agency.

In 2015 Hoffman Construction Company, the Oregon State Hospital (OSH) design build contractor installed a Bioxide Plus 71® Chemical Feed System as part of the Junction City OSH sewage system (tanks). OSH is now responsible for maintaining the system.

The Bioxide Plus 71® Chemical Feed System is a proprietary system.

Product to be includes but not limited to, Bioxide delivered in 4000 gallon shipments.

Agency is seeking this product as part of the sewage treatment, to prevent sewage odors from coming into the hospital.

Oregon State Hospital service manual for the Oregon State Hospital pump station at Junction City requires Bioxide Plus products for proper maintenance.

2. Prospective contractor/vendor:

Legal entity name: Evoqua Water Technologies, LLC DBA: [Type DBA name, if applicable] Address: 2650 Tallevast Road

Sarasota, FL 34243 Contact person: Clint Vander Kooi Phone: 1-800-345-3982 Email: Clint.vanderkooi@evoqua.com

Protests are due by 3:00 PM within seven calendar days after the first date the notice is posted on Oregon Buys. Protests must be sent via mail, fax, email, or hand carried to the following address: Protests via telephone will not be accepted.

Oregon Department of Human Services Office of Contracts and Procurement ATTN: Andria Otjen Address: 635 Capitol St NE, Ste 350 Phone: (971) 208-4125 Fax: 503-378-4324 Email: ANDRIA.OTJEN@odhsoha.oregon.gov

Agency reserves the right to purchase additional goods, services or training up to the intermediate procurement threshold or up to ten years, whichever occurs first.

3. Written findings of fact (market research):

The findings below must include factual information supporting the determination that meet the sole source requirement in statute.

Pursuant to ORS 279B.075, Agency must conduct market research that supports the assertion that there is only one source that can provide the goods or services. Market research includes utilization of the internet, trade journals, agency vendor lists, professional organizations, studies, catalogs/industrial periodicals, vendor sources, yellow pages, etc.

mailto:ANDRIA.OTJEN@odhsoha.oregon.gov

Agency must select at least one of the findings and prepare the determination as it specifically relates to the good or service being procured. More than one finding can be addressed. The findings are as follows:

Pursuant to ORS 279B.075 (2)(a): Provide findings supporting the determination that the efficient utilization of existing goods requires the acquisition of compatible goods or services from only one source.

The Bioxide Plus 71® Chemical Feed System is a proprietary system and can only use Bioxide products sold by Evoqua Water Technologies LLC.

Evoqua Water Technologies LLC does not have a re-seller network and are the only supplier of Bioxide products for the Bioxide Plus 71® Chemical Feed System. See attached sole source letter dated 5/5/2022.

Evoqua Water Technologies, LLC holds trademarks and patents for this product and is the sole source provider of the products.

or Pursuant to ORS 279B.075 (2)(b): Provide findings supporting the 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. N/A or Pursuant to ORS 279B.075 (2)(c): Provide findings supporting the determination that the goods or services are for use in a pilot or an experimental project. N/A or

Pursuant to ORS 279B.075 (2)(d): Any other findings that support the conclusion that the goods or services are available from only one source. N/A

APPROVED:

By:

Signed by DPO electronically via Oregon Buys Kirk N. Rhoades or acting DPO

2650 Tallevast Rd.

Sarasota, FL 34243 USA

Tel: +1 (800) 345 3982 Fax: +1 (941) 359 7985

May 5, 2022

Mr. James Strout Journeyman Plumber Oregon State Hospital 29398 Recovery Way Junction City, OR 97448 Cell Phone: (541) 264-6176 Shop Phone: (541) 465-2676 Email: james.strout@state.or.us

RE: YOUR SOLE SOURCE FOR BIOXIDE PRODUCTS

Dear Mr. Strout:

Evoqua Water Technologies LLC is the sole source provider of Bioxide products (Bioxide, Bioxide-AQ, Bioxide AE, Bioxide Plus 71 and AQUIT solutions). Related services that we offer to our customers are provided under the Full Service Odor Controlsm program.

A license to use Bioxide products is included with the product sale. Patents that cover aspects of the use of Bioxide products include, but are not necessarily limited to, United States Patent Nos. 6,309,597, 7,087,172, 7,186,341 B2, US 7,779,224 B2 , US 7,799,215 B2 and 7,553,420 B2. Bioxide, Bioxide-AQ, Bioxide AE, Bioxide Plus, AQUIT and Full Service Odor Control are trademarks of Evoqua Water Technologies LLC.

Should you have any questions or require additional information, please contact me at (425) 239-7409.

Thank you for your consideration.

Sincerely, Evoqua Water Technologies LLC

Clint Vander Kooi

Clint Vander Kooi Technical Sales Representative