JA for Convention Center 2012 Rescue Contest.2.doc

Control No. 12-001

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. IDENTIFICATION OF THE AGENCY AND CONTRACTING AGENCY:

Contracting Activity

Customer Agency

US Department of Labor

US Department of Labor

Mine Safety and Health Administration Mine Safety and Health Administration

1301 Airport Road

1100 Wilson Boulevard

Beaver, WV 25813

Arlington, VA 22209

2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED: This sole source justification and approval authorizes and approves the rental of the Reno Sparks Convention Center and Authority in Reno, Nevada to hold the 2012 National Metal and Nonmetal Mine Rescue Contest.

3. A DESCRIPTION OF SUPPLIES/SERVICES REQUIRED TO MEET THE AGENCY’S NEED (INCLUDING ESTIMATED VALUE):

The Mine Safety and Health Administration (MSHA) protects the safety and health of America’s miners. MSHA’s Metal and Nonmetal (MNM) program area is responsible for protecting the safety and health of metal and nonmetal miners. Through its safety and health enforcement and compliance efforts and in engaging the mining community, MNM strives to reach one of the Agency’s goals of improving mine emergency response capabilities and preparedness (Agency Operating Plan – Strategy #3).

In continuing our efforts to improve in this area and to further challenge ourselves and the mining community, MNM holds a National Metal and Nonmetal Mine Rescue Contest every other year. The contest serves as a forum providing mine rescue team personnel a unique training opportunity, allowing them to compete against one another in mock mine disasters all the while sharing and discussing mine rescue experiences and exchanging ideas that may be of mutual benefit. Additionally, the forum serves as a training exercise for MSHA employees who may at anytime be called upon to respond to an actual mine emergency.

In order to facilitate these needs, MNM requires the rental of the Reno Sparks Convention Center and Authority which includes approximately 175,000 square feet of contiguous open exhibit hall space and an additional 81,000 square feet of meeting space. Additionally, the space must be configured appropriately, room by room and provided with: designed set up consisting of tables, chairs, lighting and signage to accommodate each competition. The convention center will also provide water in designated rooms; 4 sets of bleachers; 56 sections of staging; 250 chairs; perimeter security; basic janitorial services daily in all leased space and public areas; and the availability of food and beverage [For sale to the general public] on site during leased hours. The estimated value for these services will be $31,190. Under normal rental, this facility would ordinarily cost $73,377; however, the vendor has offered a discounted rate for MSHA’s continued support of Reno.

4. AN IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN COMPETITION: FAR 6.302-1 - Only one responsible source and no other supplies or services will satisfy agency requirements

5. A DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE QUALIFICATIONS OR THE NATURE OF THE ACQUSITION REQUIRES USE OF THE AUTHORITY CITED

The only convention center large enough to house a competition of this magnitude in Reno, Nevada is the Reno Sparks Convention Center and Authority.

The Metal and Nonmetal National Mine Rescue Competition was first held in 1973 at Las Vegas, Nevada. The state of Nevada was originally chosen because of its central location relative to the metal and nonmetal mining community. The event was moved to Reno, Nevada in 2002 because the Las Vegas Visitor’s Bureau increased the fees of their convention center several hundred percent, thereby pricing their facilities far beyond the Mine Safety and Health Administration’s budget. Consequently, other cities were researched considering factors such as location, availability of accommodating convention floor space, hospitality rates, airfare, other travel expenses and government per diem rates. The research concluded that the City of Reno and the Reno/Sparks Convention Visitor Authority’s (RSCVA) convention center proved to be the best value.

Extensive outreach to the nation’s metal and nonmetal mine rescue community ensued for nearly a year in order to ensure the community that the new location could comfortably accommodate the event. The outreach came at substantial expense to the government.

In 2010, as has been standard practice of the event planning committee, this venue was compared with other cities in the western United States. Once again, the city of Reno and the RSCVA convention center proved to be the best value when compared to the cities of Denver, Colorado and Dallas, Texas.

With few months remaining for final commitment and planning by MSHA; it would be counter productive to change venues at this late date. Attending participants representing all aspects of the community rely on past event expenses and local host city prices in order to prepare current year budgets. MSHA event planning and design has been in accordance with the layout of RSCVA convention center space. Sudden venue change at this late date would have a very negative affect on attendance. Accordingly many teams would suffer as would the readiness of our national rescue preparedness. Lastly, MSHA’s ability to respond to mine emergencies or a mine disaster may be compromised.

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: Pursuant to FAR 5.202 a notice of intent to award a sole source contract was posted to FedBizOpps on October 27, 2011 with responses due by November 4, 2011. No responses were received.

7. A DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE: The AMD will perform a price analysis to determine fair and reasonableness.

8. A DESCRIPTION OF MARKET CONDUCTED (PART 10) AND THE RESULTS OR A STATEMENT OF THE REASON MARKET RESEARCH WAS NOT CONDUCTED:

In 2011, the agency conducted market research for housing this contest in the following areas: Denver, Colorado; Dallas, Texas; and Reno, Nevada. The facilities in Reno and Dallas provided similar prices. The Reno, Nevada location provided the best overall value package because they have less expensive travel per diem and lodging than the Dallas location, resulting in a significant overall savings to the government. Other considerations for holding the competition in Reno would be their outstanding past performance and the fact that Reno is considered the center point for the majority of our stakeholders (the mining community) that the agency is attempting to engage. The only convention center large enough to house a competition of this magnitude in Reno, Nevada is the Reno Sparks Convention Center and Authority.

9. ANY OTHER SUPPORTING FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN COMPETITION SUCH AS:

(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.

N/A

(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.

N/A

(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

10. A LISTING OF SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN INTEREST IN THE ACQUISITION:

Reno, Nevada – Reno Convention Center along with the Peppermill, Silver Legacy and Atlantis Hotels

11. A STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE ANY SUBSEQUENT ACQUISITION FOR THE SUPPLIES OR SERVICES REQUIRED: MSHA will continue to research the availability of facilities large enough to house this requirement to enhance competition for future requirements.

12. TECHNICAL 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.

Typed Name: Neal H. Merrifield Date: _____________________________

Title: Administrator for MNM Signature: _________________________

13. CONTRACTING OFFICER CERTIFICATION: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Typed Name: Carl V. Campbell Date: _____________________________

Title: Contracting Officer Signature: _________________________