Justification_for_Other_than_Full_and_Open_Competition_Underground_Comm_System.pdf

JUSTIFICATION FOR OTHER THAN FULL & OPEN COMPETITION

Sole Source - Innovative Wireless Technologies, Inc.

Mine Emergency Operations (MEO) Underground Communications System Updates, Upgrades, Maintenance, Repairs and Replacements

1. IDENTIFICATION OF THE AGENCY AND CONTRACTING AGENCY:

Contracting Activity U. S. Department of Labor Mine Safety and Health Administration Acquisition Management Division 201 12th St South Arlington, VA 22202 Contact: Ozge Tek

Customer Agency U. S. Department of Labor Mine Safety and Health Administration Pittsburgh Safety and Health Technology Center 626 Cochrans Mill Road Pittsburgh, PA 15236 Steve Sawyer

2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED:

This is a sole source action for the delivery of updates, upgrades, maintenance, repairs, and replacements for the Mine Rescue Underground Communications System engineered and installed by Innovative Wireless Technologies. The system is used to establish communication during mine emergencies by utilizing a wireless mesh system which can be set up in an ad hoc basis by the underground mine rescue team. The system also utilizes a fiber network to provide redundancy to the wireless system as well as to extend capabilities to include video feeds and computer access to the server database from any point on the network.

The system requirements were outlined in a request for quotation in fiscal year 2012. Innovative Wireless

Technologies was awarded the contract to engineer and install the system on September 26, 2012, and a subsequent contract for additional equipment on August 22, 2014. The underground communications system is a one-of-a-kind system and the technology used by the system had to be developed in full by Innovative

Wireless Technologies as a part of the contract. The maintenance of the equipment involves the use and troubleshooting of the proprietary software that Innovative Wireless Technologies developed to accomplish this mission and can therefore, only be conducted by Innovative Wireless Technologies.

The communication system vendor, IWT recommends replacing the system’s SLA batteries every three years when the battery is stored properly from an environmental perspective. In order to ensure that Mine Emergency Operation’s devices continue to operate, this plan outlines a program to replace the batteries of the Portable Mesh Nodes, Portable Gateways and Smart Batteries. The replacement would be a delivery and replacement of the batteries based on time in the field and funding availability.

Beyond the battery replacement, the agency hopes to obtain an annual replacement, maintenance and repair as well as a component/capability update and upgrade contract, which will provide service to the MEO Underground Communication System. The contract will allow the current equipment to be serviced allowing it to work properly and damaged/obsolete equipment will be replaced. In addition, the contract will provide a mechanism to upgrade and update several existing capabilities.

3. DESCRIPTION OF SUPPLIES/SERVICES REQUIRED TO MEET THE AGENCY’S

NEEDS (Including the Estimated Value):

As part of the communications system, MSHA has acquired equipment and software that must be updated, repaired, and maintained. The end users who are MSHA personnel are located at various stations across the

United States. The communications system is imperative during an emergency situation and it is critical that it functions properly when needed. In order to maintain the system in a functional state, updates, technology upgrades, maintenance, repairs, and equipment replacement is absolutely essential and a critical part of keeping miners safe in the event of an emergency.

4. AN IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING

OTHER THAN FULL AND OPEN COMPETITION:

The authority permitting acquisition of this requirement by other than full and open competition is:

FAR 6.302-1(a)(2), because the needed supplies and services are available from only one responsible s ource, and no other source will satisfy the agency’s requirements. Use of this authority is appropriate under FAR 6.302-1(b)(2) because the existence of patent rights or secret processes, and similar circums tances, make the supplies and services available from only one source.

This sole source is a logical follow on to the original contract awarded under contract number

DOLJ12MR20866 on September 26, 2012 and contract number DOL-MSH-14-C-0033 on August 22, 2014, as well as the maintenance, repair, and battery replacement contracts that followed the initial design and installation of the communication system.

5. A DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUSITION REQUIRES USE OF

THE AUTHORITY CITED:

Innovative Wireless Technologies initially developed the proprietary Mine Rescue Underground

Communication System. The system was developed following the requirements that were set forth by MSHA’s solicitation, in 2012. This requirement must be sole-sourced from Innovative Wireless Technologies as they hold patents for multiple critical portions of the system. The patents they hold which apply to this specific system include: Patent #9258722 – Method and apparatus for reliable communications in underground and hazardous areas; Patent #9179475 – Distributed ad hoc mesh network protocol for underground mine and hazardous area communications; Patent #8385322 – Distributed ad hoc network protocol using synchronous shared beacon signaling; and Patent #8244260 – Method and apparatus for management of a global wireless sensor network.

In powering this system and its components, Innovative Wireless Technologies uses its Sentinel Smart Batteries which are the only batteries that integrate with and power the system to create the strongest connections between components. Based on the fact that essential components of the system are indeed proprietary to Innovative Wireless Technologies, they would be the only contractor that can conduct updates, upgrades, maintenance, repairs, and replacements on the system. An additional factor to this is that they would also have the necessary background and expertise on the system and all of its parts to ensure the various repairs, maintenance, etc. are completed to keep the system functioning at an optimal level.

If the Government were to utilize another vendor, the cost of the original system development and deployment would be re-incurred. In addition, due to the lack of training and system experience, the loss of operational knowledge of the existing solution would likely jeopardize the health and safety of not only compromised miners that may become trapped in underground mines, but would negatively impact the Rescue Team as well.

6. A DESCRIPTION OF EFFORTS TO OBTAIN COMPETITION TO ENSURE THAT

OFFERS ARE SOLICITED FROM AS MANY POTENTIAL SOURCES AS

PRACTICABLE, INCLUDING WHETHER A NOTICE WAS OR WILL BE

PUBLICIZED AS REQUIRED BY SUBPART 5.2 AND IF NOT, WHICH EXCEPTION

UNDER 5.202 APPLIES:

The MSHA underground communications system is a one of a kind system that was developed specifically for

MSHA Mine Emergency Operations in underground mines. The system was developed by Innovative Wireless Technologies and components of it are patented by them. There are currently no other contractors allowed access to proprietary aspects of this system other than Innovative Wireless Technologies, and no other contractors with the necessary expertise to conduct maintenance and provide upgrades or updates for the system.

Again, IWT developed the proprietary software that is used to operate the underground communications system and therefore, is the only firm that will have the background and expertise to conduct the required maintenance or the wherewithal to integrate updates and upgrades into the existing hardware and software architecture. The services, upgrades and technology updates required by the Agency are available from only one responsible source which is IWT. At this time, we know of no other similar sys tems that exist.

MSHA will publicize a notice on the GPE, as required by FAR Subpart 5.2, before issuance of a solicitation.

7. A DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED

COST TO THE GOVERNEMENT WILL BE FAIR AND REASONABLE:

The Contracting Officer will make a determination of fair and reasonable pricing before award.

8. A DESCRIPTION OF MARKET RESEARCH CONDUCTED (PART 10) AND THE

RESULTS OR A STATEMENT OF THE REASON MARKET RESEARCH WAS NOT

CONDUCTED:

The underground communications system was developed specifically for MSHA by Innovative Wireless Technologies. There are no other exact systems like it in existence which adhere to MSHA’s Mine Emergency

Operations requirements and needs. The Market Research report included with this requisition packet provides further explanation.

9. ANY OTHER SUPPORTING FACTS SUPPORTING THE USE OF OTHER THAN

FULL AND OPEN COMPETITION:

(i) Explanation of why technical data packages , specifications, and engineering descriptions, statement of work, or purchase descriptions suitable for full and open competition have not been developed or are not available.

The underground communications system is a one-of-a-kind proprietary system and the technology used by the system had to be developed as a part of the contract. The technology updates, upgrades, maintenance, repair, and battery replacements of the proprietary system can only be conducted by Innovative Wireless Technologies.

(ii) When 6.302-1 is cited for follow-on acquisitions as described in 6.302-1(a)(2)(ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived.

The cost to the government would be the extent of replacing the current, fully operational underground communications system and its related accessories with a completely new system that may or may not have the same proprietary aspects in its design as IWT. As this system was specifically designed for the Mine Safety and Health Administration’s underground mines as the prominently utilized communications system, it would not be in the government’s best interest to duplicate this cost or replace a successfully functioning system.

(iii) When 6.302-2 is cited, data, estimated cost, or other rational as to the extent and nature of the harm to the Government. N/A