4.2 Urgency Justification FY25 (Werfen; GEM4000 Repair) rev.pdf
PDF 281 KB Posted
- Attached to
- GEM4000 Analyzer Repair
- Solicitation number
- N3239826Q0376
About this file
This document is a Justification and Approval (J&A) for Other Than Full and Open Competition issued by the Naval Medical Research Command (NMRC) in Silver Spring, MD. The document requests a sole-source contract with Werfen USA to repair a GEM4000 blood gas analyzer at the Environmental Health Effects Laboratory, which is currently experiencing a hardware failure error 264. The analyzer is critical for measuring multiple blood gas parameters in whole blood samples, and without the repair, the laboratory cannot provide crucial data to its research sponsor.
The J&A cites statutory exceptions under 10 U.S.C.2304(c)(2), 41 U.S.C.3304(a)(2), and FAR 6.302-2 for Unusual and Compelling Urgency. Market research confirmed Werfen USA is the only potential supplier, as they are the original manufacturer with proprietary technology. The Contracting Officer anticipates the contract price will be fair and reasonable, with a discount from Werfen's commercial price list. The document indicates NMRC will assess future competitive options if another potential source emerges, but currently requires an immediate repair to maintain research capabilities.
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JUSTIFICATION AND APPROVAL
OTHER THAN FULL AND OPEN COMPETITION
1. Identification of the agency and the contracting activity.
This justification is executed by the Naval Medical Research Command (NMRC), Silver Spring, MD, on behalf of the Navy to meet Navy Expeditionary Medical Research requirements.
2. Nature and/or description of the action.
3. Description of Supplies or Services.
4. Identification of the statutory exceptions permitting other than full and open competition.
The statutory exception permitting other than full and open competition for this acquisition is
As of 19 May 2025
5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.
6. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.
Market research was performed, the results of which are in paragraph 8. This requirement will be posted to the government point of entry in accordance with FAR 5.202.
7. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.
8. Description of the market survey conducted and the results, or a statement of the reasons a market survey was not conducted.
9. Other facts supporting the use of other than full and open competition.
Not applicable
10. Listing of Sources, if any, which expressed, in writing, an interest in the acquisition.
Not applicable
11. 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 required.
For the reasons set forth in Paragraph 5, (contracting activity) has no plans at this time to compete future contacts for the types of supplies/services covered by this document. If another potential source emerges, (NMRC) will assess whether competition for future requirements are feasible.
12. Point of Contact:
The point of contact at the Naval Medical Research Command, Silver Spring, MD, regarding the contents of the sole source justification are the Contracting Officers in the Material Management Department (MMD) and can be reached by emailing usn.detrick.nmrc.mbx.mmd-contracts@health.mil.
TECHNICAL AND REQUIREMENTS CERTIFICATION REQUIRED
BY NAVSUP 4200.83 series
I certify that the facts and representations under my cognizance which are included in this justification and approval and which form a basis for this justification are complete and accurate.
Technical POC
Phone Date Name Title Department/Command
Department Head
Phone Date Name Title Department/Command
CONTRACTING OFFICER CERTIFICATION
I certify that this justification is accurate and complete to the best of my knowledge.
Contracting Officer Phone Date
Technical Cognizance
| Phone: 937-904-9459 |
| Date: 12Aug2025 |
| Name_2: |
| 0: |
| 0: Karen L. Mumy |
Director
EHEL/NAMRU-D
| 1: |
| 0: Nathan M. Gargas |
Lab Manager/Research Biologist
EHEL/NAMRU-D
| 2025-08-12T14:20:37-0400 | |
| GARGAS.NATHAN.MICHAEL.1407338649 |
| 2025-08-14T09:38:03-0400 | |
| MUMY.KAREN.LYNN.1383751884 |
| Phone_2: 937-904-9474 |
| Date_2: 14 AUG 2025 |
| Text2: Werfen USA LLC was contacted via email, telephone, and internet. |
There is only 1 potential supplier that can fulfill this request. The manufacturer is Werfen USA.
The technology was developed by Werfen and is proprietary to their company and instrument(s).
Text3: The Contracting Officer shall determine the anticipated cost to the Government of the supplies/services covered by this Justification and Approval will be fair and reasonable by conducting a price analysis before an award is made. In addition, the Government anticipates that the negotiated contract price will reflect a discount from the Tecan’s commercial price list and will be determined fair and reasonable.
| Text4: NAMRU Dayton requests this contract (for repair) be solely sourced to Werfen USA, the original manufacturer of the analyzer. |
| Text5: This is a current work stoppage. |
NAMRU Dayton; Environmental Health Effects Laboratory (EHEL) currently owns a Werfen GEM4000 blood gas analyzer. Current Animal Protocol 0226 (Silica Nose Only Exposures) is needing to utilize this analyzer to measure multiple blood gas parameters in whole blood samples. Currently, the analyzer is in need of service and replacement parts (labor and Co-Ox hardware module), which can only be performed by the manufacturer of the instrument. Without this repair, the protocol will not be able to provide crucial data to the sponsor. This is a current work stoppage.
| Text1: The GEM4000 analyzer is presenting with a CoOx hardware failure error 264. Werfen engineers are needed to service and repair this failure. This is a current work stoppage. | |
| 2025-10-30T11:37:42-0400 | |
| SHARPE.DEBORAH.M.1232127429 |
| Phone_3: 301-319-9948 |
| Date_3: |
| Text7: The statutory exception permitting other than full and open competition for this acquisition is 10 U.S.C.2304(c)(2), 41 U.S.C.3304(a)(2) and FAR 6.302-2 Unusual and Compelling Urgency. |
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