I have reviewed the following sole source justification and concur with subject request, fully understanding the implications of Section 838.22 of the Florida Statutes:
(2) “It is unlawful for a public servant, with corrupt intent to obtain a benefit for any person or to cause unlawful harm to another, to circumvent a competitive bidding process required by law or rule using a sole source contract for commodities or services.”
(5) “Any person who violates this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775083, or s. 775084.” The Water Management Division WMD requests the sole brand, sole source and standardization procurement of LLMO-Liquid Live Micro Organisms water treatment product.
Natural Golf Solutions and H20 has the exclusive and sole distributorship of LLMO for all federal, state government agencies, parks and recreation departments, and industrial facilities in the United States, Canada, Caribbean, the Country of India and various locations throughout Europe. No other product can do what LLMO is capable of at this time. Also, since we have been using this product for some time and the waterways have acclimated to LLMO, it would be detrimental for us to make a change at this stage of our progress.
The Water Management Division and the Parks Environmental Division have undertaken the use of biological agents to reduce the amount of herbicides used and having the waterways closed due to herbicide restrictions for several days at a time. Since we have started this program, herbicides have been reduced substantially.
The Water Management Division has been using LLMO with very good success in several of our waterways. This product has shown that it helps reduce organic nutrients from lake and pond bottoms. This has been verified by several laboratory tests by an independent lab.
The U.S. – patented LLMO product line is a liquid formulation of bacteria that must be brewed to become living organisms. LLMO is environmentally safe and it is formulated specifically for roles in water quality improvement in static or slow-moving water systems.
LLMO is grown in incubators and is “live” when placed into spray rigs and sprayed directly into the waterway to alleviate organic waste and odor. This is part of an ongoing project to remove organic nutrients from lake and pond bottoms. LLMO is a unique patented product. Going out for competitive bids each year would hamper our progress since each product change, if any were to be comparable, would make us start over from square one. Also, the waterways would need to adapt to the new product and if the new product did not work, we would lose what we had previously gained. LLMO is the only product at this time that has met our goals and objectives.
Two packet products have been used but the results were not as expected. Research was done and LLMO was selected as the best way to go. LLMO was selected as the bacteria are incubated and become “live” for 100% effectiveness. This is better then dry packets. The dry packets are tossed into the water, allowed to dissolve and then the bacteria start to grow. Some material fails to grow, some get eaten by fish and some are lost in bottom sediments. Lab analysis reports also show LLMO to be effective in reducing organic sediments in lake and pond bottoms.
Therefore, the Water Management Division requests a sole source designation along with standardization of this product. This product, in order to be most effective, must be sprayed into the waterways on a scheduled routine.