A06-LSJ - FE_Redacted.pdf

LSJ -DOL-25-15

Limited Source Justification “Brand Name”

FAR 6.302-1(c) - Application for Brand-Name Descriptions

1. Identification of the agency and contracting activity:

Contracting Activity Customer Agency

U.S. Department of Labor U. S. Department of Labor Customer Acquisition Services Mine Safety and Health Administration (MSHA) 200 Constitution Avenue, NW 201 12th Street South Washington, DC 20210 Arlington, VA 22202

2. Nature and description of the action being approved:

This Limited Source Justification authorizes and approves the issuance of a firm fixed price order for “Brand Name” TSI Incorporated PortaCount Respirator Fit Testers - Model Number: 8040, using Fiscal Year (FY) 2025 funding for the MSHA.

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value):

a. Description of the supplies or services:

TSI Incorporated PortaCount Respirator Fit Testers - Model Number: 8040 are needed for the safety of the mine inspectors. Respirator fit testers play a crucial role in protecting mine inspectors from various airborne hazards.

Ensuring a proper respirator fit test is vital for Enforcement Inspectorate employees’ safety against respiratory hazards.

4. Identification of the authority and rationale:

The statutory authority permitting acquisition of this requirement by Limited Source competition through this Brand Name Justification is FAR 6.302-1(c) - Application for Brand-Name Descriptions. The TSI Incorporated PortaCount Respirator Fit Tester - Model Number: 8040 is the only product that satisfies this requirement.

The PortaCount Respirator Fit Tester - Model Number: 8040, manufactured by TSI Incorporated, is respirator fit testing equipment that is designed to provide quantitative fit testing on multiple types of respirators required to be worn by MSHA personnel, including full- and half-facepiece tight fitting elastomeric respirators, Powered Air Purifying Respirators (PAPRs), and Self-Contained Breathing Apparatuses (SCBAs). Currently, all respirator fit testing equipment used by MSHA in the District and Field Offices are TSI Incorporated PortaCounts. Changing to a different brand would create a financial and resource burden to the Agency as all of the Health Specialists and Health Supervisors would need to receive training on the new equipment. This would require a new curriculum to be developed and would also require travel to the National Mine Health and Safety Academy in Beckley, West Virginia to receive the training. The majority of MSHA’s authorized representatives (over 1,000) are required to be fit tested annually. To meet this goal, District and Field Offices often share this equipment. If MSHA were to purchase a different brand/model, this would create discontinuity within the Agency and would lead to differences in fit testing quality control, which in turn would negatively impact personnel health and safety.

LSJ -DOL-25-15

5. Determination by the ordering activity that the order represents the best value:

The Contracting Officer will review the price quotes submitted to ensure that the price represents the best value to the Government and is fair and reasonable.

6. A description of market research conducted and the results or a statement of the reason market research was not conducted:

Market Research was conducted via the General Services Administration (GSA) Advantage website, and it was found that the TSI Incorporated PortaCount Respirator Fit Tester - Model Number: 8040 is not offered through GSA Advantage.

Market Research was also conducted via a general Internet search, and it was found that multiple Contractors offer the TSI Incorporated PortaCount Respirator Fit Testers - Model Number: 8040 via the open market.

7. Any other facts supporting the justification:

N/A

8. A statement of actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services is made:

MSHA will continue to monitor the marketplace, and should any additional vendors obtain an MSHA approval for a similar product in the future, the action will be competed via full and open competition.

9. Technical Certification:

I hereby certify that the supporting data, which is the responsibility of the technical personnel, and which forms a basis for this justification, is complete and accurate.

Jonathan L. Taylor Contracting Officer’s Representative (COR)

Contracting Officer's Certification:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Alicia M. Jackson Contracting Officer

JONATHAN

TAYLOR

Digitally signed by JONATHAN

TAYLOR

Date: 2025.06.17 17:19:44 -04'00'

ALICIA

JACKSON

Digitally signed by ALICIA

JACKSON

Date: 2025.06.17 18:11:34 -04'00'