W9127N24P0050 P00003 JA Lebanon PIT System OM Sole Source_Redacted.pdf

OJL-25-0004

SOLE SOURCE JUSTIFICATION FOR OUT-OF-SCOPE

MODIFICATION P00003 TO CONTRACT W9127N24P0050

1. CONTRACTING AGENCY:

Portland District, U.S. Army Corps of Engineers, Contracting Division, 333 SW First Avenue, OR 97204-3495.

2. DESCRIPTION OF ACTION:

Approval is being requested for an out-of-scope firm-fixed-price modification on contract

W9127N24P0050 with Biomark to perform non-routine maintenance of the existing Passive

Integrated Transponder (PIT) Interrogation System on Lebanon Dam, Oregon.

The contract will support meeting the requirements under the Biological Opinion (BiOp) on the Continued Operation and Maintenance of the Willamette River Basin Project under the

Endangered Species Act (ESA), and Court Injunction Case 3:18-cv-00437-HZ by the U.S.

Army Corps of Engineers (USACE), Portland District (NWP). This action will be funded using Civil Works No-Year General Construction funding and has an estimated cost of

. The original contract period of performance is not impacted by this modification.

A high-water event during winter 2024 damaged the existing PIT system at Lebanon Dam.

The extent of the damage could not be assessed until after the water receded, which happened after award of contract W9127N24P0050. Subsequently, repairs were made in October 2024 to correct the damaged components and restore the system to an operating condition. Repairs were covered under the original contract and via additional spare parts procured via previous modification P00001.

In late November 2024, elevated “noise” levels were noted within the data received via the installed PIT array at Lebanon Dam. The elevated noise levels impact detection range and appear to be caused by a device (i.e., bypass screen motor) at the site. The elevated noise levels create an interference that prevents the system from detecting fish and providing useful data. The noise is impacting detection at the juvenile bypass antenna, the ladder antenna, and a portion of the south spillway antenna.

A site visit is necessary to investigate and find solutions to the elevated noise levels. This will involve coordination with the site owner to have them turn devices on and off while the

Contractor is on-site monitoring the noise level. Once the noise source is identified, then the

Contractor can pursue appropriate solutions to mitigate the source of the noise. The solution(s) may include immediate adjustments made onsite or may require further coordination during a future outage window (or system downtime).

3. DESCRIPTION OF SERVICES:

Task 1.5 – Site Investigation for System Interference (“Noise”)

1) Conduct an onsite inspection of the PIT Interrogation System, anticipated between

February and March of 2025. Coordinate with COR for exact dates of install.

2) In coordination with the operators (City of Albany), conduct troubleshooting to isolate the “noise” witnessed in the data that is being received/observed remotely.

3) Complete onsite adjustments that do not require full system shutdown or access within the ladder or spillway. Anticipated adjustments could include hardware adjustments such as swaps of electronic/electrical components, change of batteries, additional added shielding of electronics, or software adjustments.

4) Furnish and install materials during the site investigation for software or hardware adjustments while onsite.

5) Provide site investigation report within 30 calendar days of completing the site investigation documenting, with photographs and descriptions, the troubleshooting steps, solutions identified (if any), and record of all adjustments made. If solutions are unable to be performed while onsite indicate circumstances, materials, and approximate labor hours for completing solutions at a future date.

A site investigation report documenting the onsite activities will also be required as an additional submittal item.

4. AUTHORITY CITED:

Pursuant to 10 U.S.C. § 3204(a)(1), as implemented by Federal Acquisition Regulation (FAR)

13.106-1(b), soliciting from a single source.

5. REASON FOR AUTHORITY CITED:

a. Background: Biomark was the subcontractor under prime McMillen, LLC who was awarded Contract No. W9127N22P0050 to meet the unique challenges of this study area. The PIT Interrogation System and related equipment was custom-built and mostly installed by Biomark; it is not commercially available. Contract W9127N24P0050 was awarded on 22 May 2024 for $62,122.00, directly to Biomark on a sole-source basis using SAP non-competition for the operation, maintenance, and date management of the PIT Interrogation System.

Data consistency and continuity are critical for fish passage and survival research on long-term population trends in the basin. Additionally, the Court Injunction Case under the Endangered Species Act (ESA), and Court Injunction Case 3:18- cv-00437-

HZ requires the continued operation of the PIT interrogation system.

Any gaps or shift in data collection protocols would preclude the comparison of data from year to year. This would result in many small datasets rather than one continuous dataset and USACE would be out of compliance with the Court Injunction. The

Government has determined this contract to be of critical importance to the continued monitoring and studies as required by the court injunction.

b. Alternatives considered and negative impact if this J&A is not approved

There are no realistic and feasible alternatives available to the Government at this time as

Biomark maintains, inspects, and repairs its own systems. The existing Biomark PIT interrogation system could be removed, a new design and install requirement competed, and new contractor possibly selected; however, the Government is not afforded the time nor funding for this alternative as the data collected from the PIT interrogation system contributes to USACE’s mitigation requirements mandated by the aforementioned injunction. The alternative of not performing this “noise” inspection and repair service results in the Government’s noncompliance with the injunction.

c. Impact

All service and supplies must be compatible in all aspects (form, fit, and function) with existing PIT interrogation system presently installed at Lebanon Dam. The current system is designed, fabricated, installed, and monitored by Biomark.

Maintenance or repair must use Biomark’s products and expertise as they are a full-service vendor whose detection antennas are unique and their designs proprietary.

Given the system elements are proprietary, maintenance services of the PIT system instruments performed by third parties will void all warranties; only the original manufacturer can meet this requirement.

6. EFFORTS TO OBTAIN COMPETITION:

Prior to the award of this modification, Notice of Intent (NOI) to Sole Source was posted to sam.gov on 21 January 2025 for 15 days. No interested parties responded to the NOI (see eFile

A.02 Special Notice – NOI – W9127N24P0050 P00003 & No Interested Vendors). Based upon the information above, competition for this action is not feasible.

7. ACTIONS TO INCREASE COMPETITION:

Competition is not feasible at this time due to the proprietary nature of this custom system.

Maintenance services of the current PIT interrogation system performed by third parties will void all warranties; only the original manufacturer can meet this requirement.

8. MARKET RESEARCH:

Market research was conducted through an SBA DSBS and QMS search on 08 March 2024.

Both searches indicated there were no potential small business vendors who could provide the required service (see A.02 Market Research Report 7N24Q0023).

9. INTERESTED SOURCES:

As previously mentioned in section 6 above, an NOI to sole source was posted on sam.gov as

W9127N24P0050 P00001 on 30 July 2024 for 15 days. No other vendors have expressed an interest in this project or identified themselves as a possible source in the near future.

10. OTHER FACTS:

A Sole Source Justification dated 04 April 2024 and amended Sole Source Justification dated 02

May 2024 was approved by the contracting officer for the base contract W9127N24P0050.

The Lebanon Dam is not owned or operated by USACE. The court injunction mandated the installation of PIT Interrogation on the South Santiam at Lebanon Dam to which the City of

Albany agreed to and maintains a lease agreement for the equipment located at the dam.

In November 2022, it was assumed that large debris/logs damaged the PIT Interrogation System and negotiations with McMillen, LLC. definitized repairs via Modification No. P00006 to

Contract No. W9127N22P005000; as previously noted, McMillen subcontracted with Biomark to perform the previous electrical and repair work as Biomark initially designed and installed the operating PIT Interrogation System, and Biomark typically performs the operations and maintenance on its proprietary systems. Installed PIT interrogation system contracts typically include a maintenance contract with committed funds so that the system is regularly inspected and maintained. This further allows for a quicker response if issues occur that are unrelated to manufacturer defects. Biomark performs maintenance services for its other similar clients as well.

11. TECHNICAL & REQUIREMENTS CERTIFICATION:

I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

NAME:

TITLE: Fishery Biologist SIGNATURE:

12. FAIR AND REASONABLE COST DETERMINATION

IAW FAR 15.403(b)(3), Obtaining Certified Cost or Pricing Data, the Government will not request certified cost or pricing data to determine the anticipated cost to the

Government for this contract action to be fair and reasonable. I hereby determine the anticipated cost to the Government for this contract action will be fair and reasonable.

TITLE: Contracting Officer SIGNATURE:

13. CONTRACTING OFFICER CERTIFICATION:

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

TITLE: Contracting Officer SIGNATURE: