DOLB114R24324 J A.PDF

Contrl No. 11-052

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

i. IDENTIFICATION OF THE AGENCY AND CONTRACTING AGENCY:

Contracting Activity Deparent of Labor Mine Safety and Health Admnistration 1301 Airort Road Beaver, WV 25813

Customer Agency

Deparent of Labor Mine Safety and Health Administration i 100 Wilson Blvd.

Arlington, V A 22209

2. NATU AND/OR DESCRIION OF THE ACTION BEING APPROVED: This action is to obtain approval for the purchase of SRLD Self Contained Self Rescuers (SCSR) from CSE Corporation. SCSRs are required for any inspector who goes underground.

3. A DESCRIPTION OF SUPPLIES/SERVICES REQUIRED TO MEET THE AGENCY'S NEED (INCLUDING ESTIM TED VALUE): MSHA wil procure 81 SLRD Self Contaed Self Rescuers from CSE Corporation. These unts cost approximately $900 each for a total acquisitoin of $72,000

4. AN IDENTIFICATION OF THE STATUORY AUTHORITY PERMTTING OTHER THN FULL AND

OPEN COMPETITION: The statutory authority permitting acquisition of this requirement by other than full and open competition is FAR 6.302-1, Only One Responsible Source and No Oter Supplies or Services Wil Satisfy the Agency's Requirements

5. A DEMONSTRATION THT THE PROPOSED CONTRACTOR'S UNIQUE QUALIFICATIONS OR THE

NATU OF TH ACQUSITION REOUIRES USE OF THE AUTHORITY CITED:

Mining is considered one of the most dagerous occupations. Working in a coal mine subjects personnel to a harh environment where the average mie height is approximately 42 inches, there is no light, the suraces are wet and slippery, and the average temperature is approximately 55 degrees. There is usually only 2 means into or out of the mine. The environment may contain methane and other haful gasses. In the event of an emergency, the breathing environment may become contaminated with carbon monoxide, methane, carbon dioxide and other noxious gasses.

In such emergency situations the MSHA personnel must depend on the Self Contained Self Rescuers for a breathble mixtue of air that wil permit them adequate time to safely exit the mine. Approved SCSRs are designed to provide oxygen in suffcient quatities to provide a breathable atmosphere for at least one hour. Providing this capabilty to MSHA personnel enhances their ability to surive an emergency sitution while performing their inspection duties at underground coal mines. Providing reliable SCSRs enables the Agency to ensure the same personal protection for emergency escape that is required for coal miners by MSHA regulations in 30 CFR Par 75.

The CSE SR-l 00, the unit used by MSHA, has been found to be unacceptable by NIOSH and is being phaed out.

CSE has produced a new unit, the SRLD which has been approved by MSHA as intrinically safe. CMS&H wil phase in the use of this SCSR to replace the SR-IOO. In 2010 CMS&H ordered a large supply ofSR-IOO SCSRs from CSE. NIOSH required that CSE halt production of the SR- i 00 while they investigated the failure rate of the unit. NlOSH has found the failure rate of the SR-IOO is unacceptable and the SR-IOO is no longer produced. The contract with CSE was modified to provide the new SLRD unit. When these units ar delivered, CMS&H wil have 230 SRLD Self Contained Self Rescuers. We wil replace the SR-lOOs distrct by distrct as funding is available.

MSHA compared the weight, size and usage period of the 4 remaining NlOSH approved belt wearble self contained self rescuers, the Oeenco EBA 6.5, the Dreaeger OXY.K Plus, the Ocenco M-20 and the CSE SRLD. See detals below.

Model WeilZht Dimensions Usal!e Period SRLD 5 lb. 14 oz. 8.5 X 6X4.25 75 minutes Oeeneo EBA 6.5 8lbs. 8.5 X 11.8 X 4.5 60 minutes Oceneo M-20 3.1 lbs. 6.8 X 6.8 X 3 15-32 minutes Drger OXY K 6lbs. 7.8XIOX4 60 minutes

The decision to purchae the SRLD was based on size, weight and usage period. Although the Ocenco M-20 was smaller and lighter, it was not felt that the durtion of 15 to 32 minutes was long enough to protect our inspectors in

Control No. 11 -052 a mine emergency. The SRLD is smaller, lighter and has a longer usage period than both the Dreger Oxy K and the Oeenco EBA 6.5.

We wil continue to phase in the use of the SRLD unit for the following reasons:

. CMS&H alredy ha on order 230 SRLD Self Contained Self Rescuers

. For the safety of our inspectors, periodic SCSR training is required. Having a consistent model SCSR used by all employees enables MSHA to conduct this training on a single unit.

. Havig a single unit for all employees ensurs that when an employee travels to another district, he wil be familar with the SCSR available in that district.

. The SRLD is belt wearble

. The SRLD weigh only 5 Ibs. 14 oz.

. The SRLD is compact

. The SRLD has a usage period of75 minutes

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

SOLICITED FROM AS MANY POTE

NTIAL SOURCES AS PRACTICABLE, INCLUDING WHTER A NOTICE WAS OR WILL BE PUBLICIZED

AS REQUIRED BY SUBPART 5.2 AND IF NOT. WHICH EXCEPTION UNDER 5.202 APPLIES: CSE is the sole distrbutor of the SRLD SCSR. A Notice ofIntent to Sole Source was placed on FedBizOps on 9/12/1 1.

7. A DETERMATION BY THE CONTRACTING OFFICER THAT TH ANTICIPATED COST TO THE

GOVERNMENT WILL BE FAIR AND REASONABLE: The Contrcting Offcer wil determine fair and reasonableness prior to awad.

8. A DESCRIPTION OF MAET CONDUCTED (PART 10) AND THE RESULTS OR A STATEMENT OF

THE REASON MARKT RESEARCH WAS NOT CONDUCTED: A searh of the internet and GSA advantage was conducted and no other vendors were found who could supply the SRLD SCSR.

9. ANY OTHER SUPPORTING FACTS SUPPOSRTING TH USE OF OTHR THN 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(aX2)(ii), an estimate of the cost to the Governent that would be duplicated and how the estimate was derived.

N/A

(ii) When 6.302-2 is cited, data estimated cost, or other rational as to the extent and natur of the har to the Governent.

N/A

10. A LISTING OF SOURCES. IF ANY. THAT EXPRESSED. IN WRTING. AN INTEREST IN THE

ACQUISITIQN: N/A

11. A STATEMENT OF TH ACTIONS, IF ANY. TH AGENCY MAY TAKE TO REMOVE OR QVERCOME

ANY BARRERS TO COMPETITION BEFORE ANY SUBSEQUENT ACQUISITION FOR THE SUPPLIES OR.

SERVICES REQUIRED: In the future, MSHA wil compete purchases of the SRLD Self Contained Self Rescuers if other vendors can supply the unit.

12. TECHNICAL CERTIFICATION: I certify that the supporting data under my cognizce, which ar included in the justification, are accurte and complete to the best of my knowledge and belief.

Control No. 11-052

Typed Name: Elizbeth Gilespie

Title: Management Analyst .' M'i' ~.. i '".Y//.4. )l. ~Date: cl.,,¡tl¿Æ _/Í ~.

Signature: .9 P i II /i '

13. CONTRCTING OFFICER CERTIFICATION: I certfy that this justification is accurte and complete to the best of my knowledge and belief.

Typed Name: Carl V. Campbell Title: Contracting Offcer

Date:

Signature:

Ccmtro.l No. 11-052

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETlTION

1. IDENTIFICATION OF THE AGE."lCY AND CONTRACTING AGENCY:

Contracting Actvity Depaent of Labor Mine Safety and Health Administrtion 1301 Airrt Road

Beaver. WV 25&13

Cu~tomcr Agency

Deparment of Labor Mine Safety and Health Administration 1100 Wilson Blvd.

Arlington, V A 22209

2. NATUREANDiOR DESCRIPTION OF THE ACTION BEING APPROVED: This action is to obtain approval for the purchase of SRLD Self Contained Self Rescuers (SCSR) from CSE Ciirporaon. SCSRs are requrred for any inspclOT who goes ungrund.

3. A DESCRIPTION OF SUPPUES/SERVICES REQUIED TO MEET THE AGENCY'S NEED (lNCLUDlNG ESTIMATED VALUE): MSHA wil procur8! SLRD Self Contained seifRescuers frm CSE Corporation. These units cost approximately $900 each for a tota acquisitoin of $72,000

4. AN IDENTIF1CATJQN OF TIlE STATUTORY AUTHORITY PERMllTING OTHER TIAN FULl. AND OPEN COMPETJION:11 stior autboriy penitng acuisitionllfthis reuirement by oth than full and ope ropetion is FAR 6.302- 1, Only One Respible Soure and No Other Supplies or Serces Wil SatisfY the

Agency's Reuirments

5. A DEMONSTRATION TIT THE PROPOSED CONTRACTOR'S UNIQUE QUALlFICAUQNIiQJLTIE.

NATURE OF THE ACQITION REQUIES USE OF THE AUTHORITY CITED:

Mining is conside one of the most dagerous occupons. Wodg in a coa mine subjects pernnl to a hash environment where the averge min hegbis apprnmatly 42 inches, ther is no Iîght, the surfi arc wet and slippe, an the averae tempeure is apimatey 55 de. lñe is usually ooly 2 meas into or oul of th mine. The envirnment may conta meth an oth haful ga. In the even ofan emergency, the breating envirment may become containate with car monoxide, me. cabon dioxide an oiler noxious gases.

In such emerency siton the MSHA peneI must depd on the Self Conined SelfR.uer for a brethble mie of air th will pe them adequa time to safely exit the niie, Approved SCSRs ar designed toprovíde oxygen in suffcient quatities to provide a breathable ahnosphere for at leat one hour. Providing this capabilty to MSHA personnel enhances their abilty to survive an emergency situalion while perfonning their inspection duties at undergrund coal mines. Providing reliable SCSRs enables the Agency 10 ensure the sae personal protection for emergency escape that is required for coal miners by MSHA regulations in 30 CFR Par 75.

The CSE SR-lOO, the unit usd by MSHA, has been found to be unacceptable by NIOSHand is being phased oul.

CSE has produced a new unit, the SRLD which has been approved by MSHA as intrnsically safe. CMS&H will phas in the us ofthis SCSR to replace the SR-IOO. In 2010 CMS&H ordered a large supply ofSR-l00 SCSRs ITom CSE. NIOSH required that CSE haltproduetion of the SR-IOO while they investigated the failure rate ofth~ unit. NIOSHhas found the failure rate ofthe SR-IOOís unacceptable and the SR-IGO is no longer prduced. The contrat wit CSE was modified to prvide the new SLRD unit. When these units aTe deli vered. CMS&H will have

230 SRLD Self Contained Self Rescuers. We wilrepJace the SR-! OOs district by distict as funding is available.

We wil cotinue to phae in the us of the SRLD unit for the following reasns:

. CMS&H already has on order 230 SRD Self Contaied Self Rescuers

. For the safet of our inspectors, periodic SCSR trining is required. Having a consistent model SCSR used by all employees enables MSHA to conduct this trning on a single unit.

. Having a sinle unit for all employees ensure~ that wilen an employee trvels to another district, he- will be fwiiiliar with the SCSR avaiJabJe in that district.

6. A DESCRIPTION OF EFFORTS TO OBTAIN COMPETITION TO ENSURE THA T OFFERS ARE

SOLICITED FROM AS MANY POTE

NTJAL SOURCES AS PRACTICABLE, INCLUDING WHETER A NOTICE WAS OR WILL BE PUBLICIZED AS REQUIRED BY SUBPART 5.2 AND IF NOT. WHICH EXCEPTION UNDER 5.202 APPLIES: CSE is the sole distributr of the SRLD SCSR. A NOliceof Intent to Sole Source was placed on FedBizOps oti 9/12/1 i.

Control No. I 1-052

7. A DETERMINATION BY THECONTRACTfNGOFF1CER THAT THE ANTICJPATED ÇOST TO THE QQYERNEMET WILL BE FA1R AND REASONABLE: The Contracting Offcer will determine fair and reasonableness prior to award.

8. A DESCRIPTION OF MARKT CONDU(;TED æART 10) AND THE RESULTS OR A STATEMENT OF THE REASON MARKET RESEARCH WAS NOT CONDlJCIED: A seach ofthc internet and GSA advantae was conducted and no other vendors were found who could supply the SRLD SCSR.

9. ANY OTHE SUPPORTING FACTS SUPPOSRTING THE USE OF OTHER THAN FULL AND OPEN

COMPETITION SUOl AS:

(i) Explanation of why technical data packages, specincations,.and engineering descriptions.

statement of work, or purchase descriptions suitable for full and open competition have not been developed or ar not available.

N/A

(ii) When 6.302- i is cited tor follow-on acqiiisitions as described .in 6.302- i (ii)(2)(ii), an estimate of the cost to the Governent that would be duplicatd and bow tbe 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 ha to the Govemient N/A

10. A LISTING OF SOURCES, IF ANY. THAT EXPRESSED, IN WRITING, AN INTEREST INT!iEACQUISITION: N/A .

i 1. A STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE OR OVERCOME ANY BARRlRSTO COMPETITION BEfORE ANY SUBSE.QENT ACQVJSJTON FOR THE SUPPLIES.OR SERVICES REUIRED: In the fiiture, MSHA will compete purcha of the SRLD Self Contained Self Rescuers jf other vendors ca supply the unit.

12. TECHNICAL CERTlFlCA trON: 1 certfy that the surting data under my cognizance, which ar included in the jusfica, ar accur an complete to th be of my knowledge an belief.

f;~3/~//Typ Name: Elizlh Gilespie Title: Management Analyst

Da:

Signture: .r.~~~~¿.¿:.. (Z;'~;.'r:-~";g ./)~/ ,';."

i 3. CONTRCTNG OFFICER CERTlFIC.A nON: 1 certly that this justificaon is accurate and complete to the best of my knowledge an belief.

Typed Name: Cal V. Campbell

Title: Conlraing Offcer Date:

7!Sigiiatur :

~,.,,~i..ìf:("fS.t-

C. -1 DEARTMENT OF HEALTH & HUMAN SERVICES

-~ NIOSH Reference: TN- I 7566

Mfr. Reference: CSE12-30-1O

'JU 26 2011

Public Health Service

Centers for Disease Control and Prevention (CDC) National Institute for Ocupational

Safety and Health (NIOSH) National Personal Protecive

Technology Laboratory (NPPTL) P.O. 80x 18070 Pittsburgh, PA 15236-0070 Phone: 412.386-000 Fax: 412.386.4051

July 22, 2011

Ms. Patty Scheib,QC Manager CSE Corp.

600 Seco Road Monroeville. Pennsylvania i 5146- 1 428

Dear Ms. Scheib:

The Nationa Intitute fOT Occupationa Safety and Health (NIOSH) and the Mie Safety and Health Administrtion (M:SHA) have reviewed your request dated Janua 6, 20 i 1. This request was for approval of the new model SRLD Self-Contained Self Rescuer with a rated service tie of 60 minutes identified on assembly matix Q 15209000 1 OOOAMd.xls revision A.

This request is grated. Approvals are granted only for docmnentation \vritten in the Engl ish language. It is the manufacturer's responsibility to correctly translate materials desired in languages other than English. Approval number TC-I3F-0645 has been assigned to the model SRLD, Self-Contaed Self Reseuer.

The CD enclosed with this letter contains the fmal respirator approval labeL. The cautions and limitations which apply to these approvals are on the approval labeL Only those assemblies affected by this request, or where new approval numbers are assigned, apply to this approval action, Production approval labels canot include information on unapproved configurations.

The use of this approved device in combination with any other additional respirator components not covered under this approval renders this certitication invalid.

The approved assembly consists of the pars as listed on the approval label and the assembly matrix. Pars are to be marked with the numbers indicated on the approval label in a legible and permanent maner (marking canot be removed without evidence of its previous presence).

Ths certificate of approval is not an endorsement of the respirator by NIOSH, and such endorsement shall not be stated or implied in advertsements or other publicity. However, you may publicize the fact that this respirator has met the requirements of Title 42, Code of Federal Regulations, Par 84 (42CFR 84).

í

R

/e

..1

,f f, P a g e

M s

P a t t y

S c h e i b l l

N o a d d i t i o n a l c h a n g e s m a y b e m ad e to a ny r es pi ra to rs a nd a cc om pa ny in g do cu m en ta tio n w ith ou t pr io r w rt te n ap pr ov al o fN

IO

SH

. R eq ue st s fo r ch an ge s m us t b e su bm itt ed to N

IO

SH

a nd a m o d i f i c a t i o n o f t h s a p p r o v a l m u s t b e g r a n t e d be fo re a ny c ha ng es a re m ad e.

S i n c e r e l y y o u r s

_L

H ei

A hl er s

C h i e f

T e c h n o l o g y

E v a l u a t i o n

B r a n c h

N at io na l P er so na l P ro te ct iv e

T ec hn ol og y

L ab or at or y

E nc lo su re s