A06 - JA - FE.pdf

J&A DOL-26-27

JUSTIFICATION FOR OTHER THAN FULL & OPEN COMPETITION

MSHA Horiba PM and Calibrations

1. IDENTIFICATION OF THE AGENCY AND CONTRACTING AGENCY:

Contracting Activity Customer Agency Department of Labor Department of Labor MSHA/Tech Support MSHA/Tech Support A&CC 200 Constitution Avenue, NW 765 Technology Drive Washington, DC 20210 Triadelphia, WV 26059

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

This justification authorizes and approves the issuance of a Sole Source one (1) 12 – month base period contract plus (4) four option periods with Horiba Instruments Inc.

This contract will provide for support required to keep proprietary equipment in working order and calibrated. This equipment is essential in the mission critical testing work at the MSHA’s Approval & Certification Center, on diesel engine packages. These engine packages are tested and certified in accordance with 30 CFR to provide a safe work environment for the mining community.

Contract support is vital in providing consultation, troubleshooting, repairs, preventative maintenance and calibration to DOL’s A&CC’s B-4 Horiba MEXA ONE-D1 Emission Analytical Bench s/n: S2100904153000010.

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

NEEDS (Including the Estimated Value):

The contractor shall support the equipment covered in this contract by providing preventative maintenance, calibration/linearization, troubleshooting, repair, and consultation services on MSHA’s B-4 A&CC Horiba MEXA ONE-D1 Emission Analytical Bench.

The following is the set of parts and tasks required under this contract. The first, third and fifth years of the contract will require a full equipment PM, which requires/includes the list below of parts being replaced. These years will also require calibration/linearization after the Preventative Maintenance service is completed and verified. The second and fourth years of the contract require calibration/linearization only.

3.1 Preventative Maintenance: (To occur the 1st, 3rd, and 5th year of the contract and a calibration/linearization)

Parts to be replaced for the AIA-11 – CO(L) analyzer include:

- Replace front quick connect O-rings

- Replace flow meter O-rings

- Clean and rebuild solenoid valves

- Clean and rebuild needle valve

- Clean/inspect sample and reference cells and replace O-rings

- Replace chopper motor (Every 2 years)

Parts to be replaced for the AIA-32 CO2 analyzer include:

- Replace front quick connect O-rings

- Replace flow meter O-rings

- Clean and rebuild solenoid valves

- Clean and rebuild needle valve

- Clean/inspect sample and reference cells and replace O-rings

- Replace chopper motor (Every 2 years)

Parts to be replaced for the FIA-02O-ND analyzer include:

- Clean sample capillaries and replace packing

- Clean and rebuild non-methane cutter

- Replace CH4 air valves

- Replace charcoal filter

Parts to be replaced for the CLA-010V-2 NO/Nox analyzer include:

- Clean and rebuild detector/reaction chamber (NO and NOX)

- Clean sample capillaries and replace packing

- Clean and rebuild sample solenoid

- Replace OGU (Every 2 years) or replace filter and O-rings

- Rebuild NOX Converter

- Clean and rebuild vacuum pump and deozonator

Parts to be replaced for the SHS-01 analyzer include:

- Clean and rebuild needle valves

- Clean and rebuild solenoid valves

- Clean and rebuild gas cooler heat exchanger

- Clean and rebuild C. Pump bypass regulator and flow meter

- Clean water drop sensor and replace Teflon sheet

- Replace dust filter and O-ring

- Replace oil catch filter and O-rings

- Replace peristaltic pump tubing

Parts to be replaced for the OVN-22H analyzer include:

- Clean and rebuild sample inlet filter

- Replace secondary filter

- Clean sample capillaries and replace packing

- Clean and rebuild sample pump

- Examine peristaltic pump and replace tubing

- Clean and rebuild purge air solenoid

- Examine APR regulator and replace O-rings

Parts to be replaced for the F-01H Heated Filter include:

- Rebuild Filter Holder

- Clean filter housing

- Replace Filter

3.2 Linearization/Calibration: (a calibration will be required every year of this contract)

ITEM ACCEPTANCE CRITERIA REQUIREMENT

3.2.01 MEXA Bench Gas

System Pressure Check

Verify span/calibration gasses pressure within MEXA bench spec. 100 +/- 10 kPa

All specified span gases connected

3.2.02 Bench Set-up Set all sample flows, pressures, and

TCS settings.

3.2.03 Analyzer Set-Up Perform amp zeros, amp gains, and

detector gains on all analyzers.

3.2.04 FID Optimization Verify pressures are set to factory

specs. Unless customer specifies otherwise.

3.2.05 Analyzer

Linearization’s

Accuracy = The lesser of 2% of Point or 1% Full-scale Mid-span accuracy is the same.

+/- 1% span gas cylinders with certificate of analysis from supplier. Gas Divider (included with bench).

3.2.06 NOx Efficiency

Test

Run one successful NOx Eff. Test on each bench with NOx range < 1000 ppm.

Limits:

- Modal Bench >95%

- Bag Bench >95%

- All benches NO2 limit -1 to +5% of label.

Span Gas, 100% O2 (normally connected to bench)

3.2.07 CO2 Interference

Test

Run one successful interference test on lowest CO(L) or CO(LE) range. Use low concentration CO2 (1-3%) for bag bench and high concentration CO2 (15- 20%) for modal bench. The target concentrations should be set to approximately 0.5 ppm.

CO2 Span Gas (normally connected to bench)

3.2.08 MCU Software

Back-Up

Once all settings and parameters are entered and confirmed, create 2 back-up copies of operating software.

Document SW version & control device S/N.

Note: All calibration gases will be provided by the government in the required quantity and quality.

The Independent Government Cost Estimate for the life of the contract is $213,688.00.

4. AN IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING

OTHER THAN FULL AND OPEN COMPETITION:

Identification of the justification rationale is 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:

As stated in a letter from the OEM “Horiba” dated: June 9, 2026:

“Due to the level of propriety information needed to perform an accurate calibration on this analytical system, it should be conducted by trained HORIBA personnel.

As the OEM, HORIBA is accredited to perform ISO-17025 analyzer linearization (calibration) for each analyzer within the analytical system and will ensure affective concentration readings by the instrument.”

Based on the above statements, it is imperative that the equipment in question only be maintained and calibrated by certified Horiba trained technicians to ensure the integrity of the equipment and any test results produced by said equipment.

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:

Contact was made with the OEM “Horiba” to ascertain a list of possible certified companies that could service the equipment in question. A letter was provided to MSHA’s A&CC stating that:

Due to the level of propriety information needed to perform accurate calibration on this analytical system, it should be conducted by trained HORIBA personnel.

If there are any personnel trained by Horiba on the calibration of this piece of equipment that is not affiliated with Horiba it is not apparent to the government. Horiba technicians are specifically trained to follow exact specs and steps that are necessary to calibrate and maintain this piece of equipment.

7. A DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNEMENT WILL BE FAIR AND

REASONABLE:

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

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

RESULTS OR A STATEMENT OF THE REASON MARKET RESEARCH WAS

NOT CONDUCTED:

Market research was conducted by first reaching out to the OEM to ascertain if there were any known vendors who are trained and qualified to work on this specialty piece of testing equipment. Horiba then clarified to MSHA and the Approval and Certification center that there are no outside entities who are trained in the calibration and maintenance of this specialty piece of equipment.

Horiba will train technicians that are employed by any entity who currently owns these specific machines. This training is offered by Horiba at a cost and would require the government to send a staffed employee to this specialized Horiba training. Horiba does not offer this training to calibration companies.

Proper calibration and maintenance are required to maintain the standards set forth by the 30 C.F.R Part 7 – Subpart E and Subpart F.

All calibrations and maintenance performed on this machine must be conducted by a trained Horiba professional technician.

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

FULL AND OPEN COMPETITION:

The Secretary, through MSHA's Approval and Certification Center, approves equipment for use in mines. For approval, the Secretary approves the specifications for the design, construction, installation, maintenance, and use of the equipment. 30 U.S.C. §878(c) and (i). The Secretary licenses the approval holder to identify the equipment as MSHA-approved and to market the equipment to miners and mine operators to meet the Federal Mine Safety and Health Act of 1977 (Mine Act), as amended, and applicable standards.

It is imperative that the specialty piece of testing equipment only be maintained and calibrated by certified Horiba trained technicians to ensure the integrity of the equipment and any test results produced by said equipment to comply with the testing standards set forth by MSHA.

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

INTEREST IN THE ACQUISITION:

Horiba – Automotive Test Systems:

5900 Hines Drive Ann Arbor, MI 48108;

UEI: ZMQHH8JJJUK8 CAGE: 3FPR3

Phone: 734-730-5165 Attn: Daniel Gordon

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:

There are no known barriers at this time.

12. SIGNATURE BLOCKS:

The program/technical official further certifies that no conflict of interest exists in awarding a sole source contract to the contractor identified herein.

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.

Signature: _________________________ Date: _____________________________

Type Name: _Steve Velas____________

Title: __COR______________________

CONTRACTING OFFICER CERTIFICATION:

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

Signature: _________________________ Date: _____________________________

Type Name: Alicia Jackson___________

Title: ____CO______________________