WBR_1413.106-1_Template_1_Determination_to_solicit_from_a_single_source_under_SAT__FAR_13_(3).pdf

Solicitation or Award Number: TBD (PR 40440414)

WBR 1413.106-1 Template 1 (01/2019)

DETERMINATION TO SOLICIT FROM A SINGLE SOURCE

Pursuant to Federal Acquisition Regulation (FAR) 13.106-1(b)(1)(i), for purchases not exceeding the Simplified Acquisition Threshold (SAT) Contracting Officers may solicit from only one source if the circumstances of the contract action deem only one source is reasonably available (e.g., urgency, exclusive licensing agreements, brand name, or industrial mobilization).

Pursuant to FAR 13.106-1(b)(1)(ii), when a single source is identified to provide a portion of the purchase as a Brand-Name, the documentation in paragraph 3 must state that this determination is only for a portion of the requirement.

1. Agency and Contracting Activity.

U.S. Department of the Interior, Bureau of Reclamation, Upper Colorado Region, Albuquerque Area Office, Acquisition Management Division

2. Name and Address of Single Source.

Whooshh Innovations, Inc.

2001 W Garfield St. Bldg 156, Seattle, WA 98119-3115

3. Description of Supplies/Services and Estimated Cost.

The Bureau of Reclamation seeks to acquire contactor services to assess the feasibility for attracting Rio Grande Silvery Minnow (RGSM) into a trap or entryway for transport via mechanical methods upstream over water impoundment structures on the Rio Grande. The Attraction Trap for Fish Passage is for Rio Grande Silvery Minnow. Due to irrigation demands on the Rio Grande, the Rio Grande Silvery Minnow (RGSM) is prevented from historical migration within the river system. There is currently no passage available at the irrigation dams. The trap must be designed to passively attract and collect Rio Grande Silvery Minnow (RGSM) for feasibility of transport via a tube system to transport minnow upstream of a diversion dam, while preventing any type of predation of the RGSM; and must not stress the fish captured.

Period of Performance: One year after date of award

Estimated Value: $44,500.00

4. Description of Circumstances, including why only one source is reasonably available.

IAW FAR 13.106-1(b)(1)(i), the unique characteristics of the RGSM Feasibility Trap that can only be provided by Whoosh Innovations, Inc. are as follows: Ability to passively attract and collect Rio Grande Silvery Minnow (RGSM) for feasibility of transport via a tube system to transport minnow upstream of a diversion dam; prevent any type of predation of the RGSM;

and must not stress the fish captured. These unique characteristics limit the availability to a sole source. Only Whooshh Innovations, Inc. can provide the RGSM Feasiblity Trap, to the exclusion of other sources, because the holding pen for the RGSM must be designed as the Whooshh Innovations patented Transport Tube system does. Whooshh Innovations has a patent (WO 2010/014737) on a unique tube transport system which will be utilized in this project and will meet all the requirements set forth in paragraph 3 of this document.

5. Determination of Fair and Reasonable Price. The anticipated cost will be considered fair and reasonable based on analysis of data, other than certified cost and pricing, provide by the offeror; and by comparison with the independent government cost estimate.

6. Description of Market Research. Market Research was conducted in March, April and May of 2019 by Project Manager, Michael Vollmer on floating fish traps with attraction flows.

Market research was conducted to see if there are passive ways to attract and collect Rio Grande Silvery Minnow (RGSM) for feasibility of transport via a tube system to transport minnow upstream of a diversion dam. The Project Manager searched using the internet to see what type of technology was available that would attract and retain RGSM into a holding pen.

This holding pen needs to be placed in the river for proper function. The pen needs to be able to prevent any type of predation of the RGSM. During market research, technology of fish entrapment facilities were too large to effectively be placed into the Rio Grande. The Project Manager consulted with BOR’s staff fish biologist to inquire if there were any known traps that produced adequate attraction flows. The staff fish biologist was not aware of any such device.

The Project Manager also researched through SAM.gov to see if any other contractors were registered with devices that would meet the needs of the project, none were found. A similar device was found that contained a rotary screw trap. It requires flows to turn a large drum and force fish into a holding pen. However, due to the unusual requirements of this project, this device is considered unacceptable because it would not limit fish; and would stress the fish captured. This device didn’t meet BOR’s requirement of having a trap that reduces predation and stress on the minnow.

A Sources Sought / Request for Information was posted on FBO and Fed Connect on 4/25/2019. The only response received was from Whooshh Innovations, Inc.

Market research revealed that the only company capable of fulfilling the requirement is Whooshh Innovations, Inc. as the holding pen must to be designed to function as Whooshh Innovations patented Transport Tube or similar system does.

SIGNATURES

PREPARED BY:

Name: Mary B. Maestas

Date: 6/20/2019

CONTRACTING OFFICER (CO) (FAR 6.304(a)(1) and WBR 1406.304(a)(1)): (>$25K)

Name: Mary B. Maestas

Date: 6/20/2019

CHIEF of the CONTRACTING OFFICE (CCO) (WBR 1406.304(a)(2): (> $25K)

Name: James L. Durrant

Date:

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