J and A - Self Rescuers - Redacted.pdf

Control #: DOL-21-21

Justification for Other than Full and Open Competition Mine Safety and Health Administration

1. IDENTIFICATION OF THE AGENCY AND CONTRACTING AGENCY:

Contracting Activity: Customer Agency:

U.S. Department of Labor U.S. Department of Labor Office of the Senior Procurement Executive (OSPE) Mine Safety and Health Administration (MSHA) Office of the Assistant Secretary for Pittsburgh Safety and Health Technology Ctr. (PSHTC) Administration & Management (OASAM) 636 Cochran’s Mill, Rd.

200 Constitution Avenue Pittsburgh, PA 15236 Washington, DC 20210 Program POC: John Gibson, 412-386-6352 Contract Specialist: Rose Goodwin, 304-256-3306 Contracting Officer: Karen Corporal, 202-693-4585

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

This Limited Source Justification and Approval authorizes the issuance of a sole source award in order to provide support to The Pittsburgh Safety and Health Technology Center (PSHTC) of The Mine Safety and Health Administration (MSHA) for Small Rocket Lift Device (SRLD), Self-Contained Self Rescuers (SCSR’s) used by coal mine inspectors. SCSR’s are needed to be belt-wearable, and give at least 60 minutes of oxygen. The SCSR’s are opened and activated in the event of an emergency and weigh 5 lbs. 14 oz. The units must be approved and certified by The National Institute for Occupational Safety & Health (NIOSH) and MSHA for underground mining under the authority of public health regulations at 42 CFR Part 84 (42 CFR 84). NIOSH will have exclusive authority for testing and certification of SRLD/SCSR, as approval holder of MSHA certified respirators effective July 10, 1998 and will regulate the use of all.

Mining is considered one of the most dangerous occupations. Working in a coal mine subjects personnel to a harsh environment where the average mine height is approximately 42 inches, there is no light, the surfaces are wet and slippery, and the average temperature is approximately 55 degrees. The environment may contain methane and other harmful gasses. In the event of an emergency, the breathing environment may become contaminated with carbon monoxide, methane, carbon dioxide, and other dangerous gasses. In such emergency situations, MSHA personnel must depend on the SCSR’s for a breathable mixture of air that will permit them adequate time to safely exit the mine. Providing this capability to MSHA personnel enhances their ability to survive an emergency situation, while performing their inspection duties at underground coal mines.

The Mine Safety & Health Administration (MSHA) has this model unit throughout all of the divisions and district offices and all personnel are trained and familiar with this model. MSHA has also purchased all of the required training devises and materials in order to keep the users up on training in the event they are needed to be utilized in a life-saving event. More often than not, the Mine Inspectors have to work in very tight spaces. Many of our Nation’s mines require inspectors to maneuver spaces that are less than 30 inches tall. A smaller, lighter unit lessens the load of what the Inspector’s need to carry into the mine. Lessing the load that the inspectors carry, not only helps the inspector; it potentially reduces future injuries and Worker’s Compensation claims.

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

MSHA requires that NIOSH and MSHA be approved self-contained self-rescuer devices. CSE Corporation is the designer, developer, and manufacturer of this device.

The SRLD/SCSR have been proven to fulfill the requirements and needs for the safety of personnel in the event of a mine emergency. All mine inspectors are trained on the use the SRLD/SCSR and the same device is available at all mine sights. Having the same model throughout the mines allows the inspectors to have the ability to react quickly and safely when emergencies happen.

4. AN IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION:

The statutory authority permitting acquisition of this requirement by other than full and open competition is 41 U.S.C. 253c (1) as implemented by FAR 13.106-1 (b) "Soliciting from a Single Source."

5. A DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUIE QUALIFICATIONS OR THE NATURE

OF THE ACQUISITION REQUIRES THE USE OF THE AUTHORITY CITED:

CSE is the manufacturer and sole distributor of the SRLD/SCSR’s and is the only source approved by NIOSH and MSHA that can fulfill the government’s requirement in accordance with 42 CFR 84.

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:

Market research was conducted to search for potential sources through the Internet and GSA Advantage and yielded no other vendors that could meet the requirements that are needed to fulfill the needs of the MSHA breathing device. MSHA’s device requires that be light weight and can be worn on a belt and carried for long durations and provide at least 60 minutes of oxygen in the event the unit is donned during an emergency.

As stated previously, this equipment is critical to meet the mission of the Agency and the unit must be approved by NIOSH and also be MSHA certified for underground mining.

A notice will be publicized – FAR 5.101(a)(1) for proposed contract actions expected to exceed $25,000.00, by synopsizing, in the GPE.

7. A DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST TO THE

GOVERNMENT WILL BE FAIR AND REASONABLE.

A determination of fair and reasonable pricing will be made by the Contracting Officer prior to the award.

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

THE REASON MARKET RESEARCH WAS NOT CONDUCTED:

A research was conducted on GSA Advantage and the Internet and there were no other vendors that could meet the requirements of the Authority 30 CFR, Part 75, that are required by The National Institute for Occupational Safety & Health (NIOSH) and The Mine Safety & Health Administration (MSHA).

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

COMPETITION:

N/A

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

THE ACQUISITION:

CSE Corporation 1001 Corporate LN Export, Pennsylvania 15632-8908, United States Duns No: 048191845

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:

To remove or overcome any barriers to competition, Pittsburgh Safety & Health Technology Center (PSHTC), is continuously researching and reviewing the market to identify hardware alternatives that meet the agency’s needs and regulations of NIOSH and MSHA certification.