5. Justification and Approval Form (Leica) KO signed.pdf
PDF 331 KB Posted
- Attached to
- Premium Care Contract for SP8 Liachroic HyD
- Solicitation number
- N3239826Q6181
About this file
This is a Justification and Approval for Other Than Full and Open Competition executed by the Naval Medical Research Command (NMRC), Silver Spring, Maryland, on behalf of the Navy to meet Navy Expeditionary Medical Research requirements.
The acquisition seeks a service contract for maintenance and support of a Leica Confocal microscope (serial number 8110002658), which is used for data collection across multiple projects and serves as a critical data collection resource. The required services include PremiumCare Confocal HyD coverage with unlimited service visits by Leica-Microsystems trained and qualified field service engineers, unlimited replacement service parts and components (excluding consumables and third-party parts), one annual onsite planned maintenance visit, unlimited remote expert applications and technology support (Monday through Friday, 8 a.m. to 5 p.m.), two biennial service visits, software updates, and a 10 percent discount on non-contract related services. The justification cites 10 U.S.C. 2304(c)(1) and FAR 6.302-1 as the statutory exceptions permitting sole source acquisition, identifying Leica Microsystems Inc. as the only responsible source capable of providing this specialized service. Market research confirmed that only the original equipment manufacturer can provide the required service due to proprietary parts and exclusive control over replacement components. The contracting officer is Nataki S. Johnson, and certifications were provided by Technical POC Nathan Gargas (Lab Manager/Research Biologist) dated March 23, 2026, and Department Head Dr. Karen Mumy (Director) dated April 10, 2026.
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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 20 November 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.
10. Listing of Sources, if any, which expressed, in writing, an interest in the acquisition.
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: 23Mar2026 |
| Name_2: |
| 0: |
| 0: Dr. Karen Mumy |
Director
EHEL/NAMRU-D
| 1: |
| 0: Nathan Gargas |
Lab Manager/Research Biologist
EHEL/NAMRU-D
| 2026-03-23T10:42:04-0400 | |
| GARGAS.NATHAN.MICHAEL.1407338649 |
| 2026-04-10T15:30:26-0400 | |
| MUMY.KAREN.LYNN.1383751884 |
| Phone_2: 937-904-9474 |
| Date_2: 10 Apr 2026 |
| Text2: Leica Microsystems Inc. was contacted and a price quote provided (attached to package). Mr. Gargas searched available literature via google search. Only the OEM was able to provide a service contract that met the government’s need. |
The technology was developed by Leica and is proprietary to their company and instrument(s). Only one vendor is capable of supplying this need. The equipment is very sophisticated and complex requiring knowledge of proprietary information in order to provide service.
| Text3: |
| Text4: Our Leica confocal microscope serial number 8110002658 can only be serviced by the OEM – Leica Microsystems Inc., since it is has proprietary parts and instrumentation that require technicians knowledgeable in its repair. Any 3rd party service providers would need to acquire parts etc from the OEM in order to do any repairs resulting in delays to our project timelines. In addition acquisition of parts would likely not be available since they are under Leica’s exclusive control. Use of any other parts from an outside vendor would render our warranty null and void and may prevent us from being able to have the instrument properly repaired in the future. |
| Text5: A service contract is needed for our Leica Confocal microscope. This microscope is used for data collection across multiple projects and is a critical source of data collection for our projects. |
| Text1: PremiumCare Cont for SP8 Liachroic HyD |
Premium Care Service Plan coverage:
-Unlimited service visits by Leica-Microsystems trained and qualified field service engineer -Unlimited Replacement service parts, components, or modules necessary for repairs, excluding consumables, 3rd Party parts -1 Annual on-site Planned Maintenance visit, to ensure the system is performing to factory specifications.
-Unlimited access to expert Applications and Technology Support Center (M-F 8am-5P) -Biosafety Level 2 included -Software Updates -10% discount on non-contract related services
| 2026-06-10T11:17:17-0400 | |
| JOHNSON.NATAKI.SHIDONA.1515567492 |
| Phone_3: 301-319-7303 |
| Date_3: 06/10/2026 |
| Text6: Use one of the following in both sections, then delete those not used: |
10 U.S.C. 2304(c)(1), Only one responsible source.
Be sure to include the FAR cite as well. See attached FAR explanation sheet for J&A references
FAR Part 13 FAR 13.106-1(b)(1) <$150K
| Text7: 10 U.S.C. 2304(c)(1) and FAR 6.302-1 sole source (including brand name) acquisitions or FAR 13.106-1(b)(1) soliciting from a single source. |
| Text8: Not applicable |
| Text9: Not applicable |
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