Nikon- SSJ- FE.pdf

Rev 10/19

Sole Source Justification for Acquisitions Between $25K - $250K

“Source Selection Information – see FAR 2.101 and 3.104”

1. Identification of the agency and contracting activity. Provide the following information:

a. Federal agency and contracting activity. HHS/NIH/NCCIH

b. Sponsoring organization. National Institutes of Health (NIH), National Center for Complementary and Integrative Health (NCCIH), Division of Intramural Research (DIR), Pain Neurocircuitry and Cellular Plasticity Lab

(PNCP).

c. Project Officer information.

Project Officer name: Gloria Osei, COR Level II

Mailing address: 35 Convent Dr., Bldg. 35A, Room 1E-422F, Bethesda MD 20892

E-mail address: gloria.osei@nih.gov

Telephone number: 301-451-0930

2. Nature and/or description of the action being approved.

a. Acquisition purpose and objectives. To procure two (2) Nikon Z4 Advance Imaging Workstations and Components.

3. Project background. PNCP is dedicated to exploring complementary and alternative healing practices in the context of rigorous science by identifying brain mechanisms underlying bidirectional modulation of pain and in determining whether these processes are sex dependent. The DIR at NCCIH conducts basic, clinical, and translational research focusing the role of the braining in perceiving, modifying, and managing pain. Ongoing NCCIH basic research projects includes the brain mechanisms underlying affective component of pain.

4. Description of the supplies or services required to meet the agency’s needs (including the estimated value).

a. Project title. Acquisition of two (2) Nikon Z4 Advance Imaging Workstations and Components.

b. Project description. Please See the Statement of Need (SON)

Requirement type.

Research & development (R&D) R & D support services Support services (non-R&D) Supplies/equipment Information technology (IT) Construction Architect-engineer (A & E) services Design-build Other (specify): ____________________

Type of action.

New requirement Follow-on Other (specify): ______________________

Proposed contract/order type.

Firm-fixed-price Other fixed-price (specify, e.g., fixed-price award-fee, fixed-price incentive-fee): __________ Cost-plus-fixed-fee Other cost reimbursement (specify, e.g., cost-plus-award-fee, cost-plus-incentive-fee): ___________ Time and materials Indefinite delivery (specify whether indefinite quantity, definite quantity, or requirements): ___________ Other (specify): ___________ Completion Form Term form

Acquisition identification number. 75N91025Q00058

c. Total estimated dollar value and performance/delivery period.

Delivery Date is 14 days from the date of award.

Estimated award date:

The Total Estimated price is $45,413.28.

5. Identification of the statutory authority permitting other than full and open competition.

This acquisition is conducted under FAR 13.106-1 (b)(1)(i)

(b) Soliciting from a single source.

(1) For purchases not exceeding the simplified acquisition threshold.

(i) Contracting officers may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

6. Demonstration that the proposed contractor(s) unique qualifications or the nature of the acquisition requires use of the authority cited.

a. Name and address of the proposed contractor(s). Nikon Instruments Inc. 1300 Walt Whitman Road, Melville, NY 11747. Email:

NiiOrdersECR.US@nikon.com

b. Nature of the acquisition and proposed unique qualifications of the contractor(s). NCCIH/PNCP lab requires the acquisition of Nikon-certified imaging workstations, 4K display monitors, and proprietary NIS- Elements software modules including General Analysis and NIS.AI for the advanced processing and quantification of confocal brain imaging data.

These tools are essential to support the lab’s ongoing research involving high-resolution fluorescence imaging and AI-assisted analysis of neural tissue. The requested components are specifically optimized for use with the lab’s existing Nikon confocal, electrophysiology, and stereo microscope systems. Seamless integration with the NIS-Elements platform is critical for maintaining data integrity, experimental reproducibility, and workflow continuity across multiple systems and users. Furthermore, the AI module has already been trained with lab-specific datasets, and continued use of this software is necessary to avoid rework and delays.

All requested items including the software licenses and custom-configured workstations are proprietary to Nikon Instruments Inc. and are not available through third-party resellers or other vendors. Nikon is the sole developer, distributor, and technical support provider for the NIS- Elements platform and its associated modules. Use of non-certified hardware would risk incompatibility, performance degradation, and voided support agreements, directly impacting the lab’s ability to perform time-sensitive and data-intensive research. To preserve operational stability, manufacturer support, and the lab’s prior investment in system training and standardization, this procurement must be made directly from Nikon Instruments as the only responsible source capable of meeting the technical and performance requirements.

c. Description of the efforts made to ensure that offers are solicited from as many potential sources as practicable. Indicate whether a FedBizOpps notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies.

The CO consulted the following mandatory sources: Interagency Contract Directory, GSA Excess Property, NIH Excess Property, Unicor, Ability One, Small Business Administration’s Small Business Dynamic Search, NIH BPA Listing, NCI BPA, NCI IDIQ list, GSA Federal Supply Schedule, GSA Advantage, GSA’s Governmentwide Acquisition Contracts.

The quote provided is being submitted under the Terms and Conditions of GSA Supply Schedule GS-07F-078CA-MAS 334516. One product, NIS- ELEMENTS MODULE: NIS.AI MODULE, falls under the GSA contract.

The other items are open market products but are competitively discounted at a negotiated rate per Nikon’s agreement with GSA.

To confirm the market research described above, a Notice of Intent to Sole Source/Sources Sought Notice was posted for 10 days, from August 20, 2025 to September 01, 2025 to http://sam.gov in accordance with FAR 5.202(a)(13) to allow other interested parties to submit a capability statement in response to this requirement. No responses were received by the closing date.

7. Determination by the Contracting Officer that the anticipated cost/price to the Government will be fair and reasonable.

Price reasonableness will be based on the methods outlined in FAR 13.106-3(a)(2). As this is a commercial item, the NCI Contracting Officer will consider information regarding the extent to which this price is charged to the general public. The Independent Government Estimate was based entirely on the firm fixed-price of the sole source vendor’s equipment quote, and cannot be used to establish fair and reasonable pricing.

The vendor will be asked to verify that the quote prices are the same as the vendor is charging all of its customers.

Because this acquisition is for a commercial item, there is no indication that the price will not be fair and reasonable to the Government. A final determination, using FAR 13.106-2, and FAR 15.305 if necessary and applicable, will be conducted prior to the award of the contract.

8. Description of the market research conducted (see FAR Part 10) and the results, or a statement of the reasons market research was not conducted.

After searching multiple sources, including GSA Excess, Unicor, AbilityOne.gov, GSA eLibrary, GSA Advantage, GSA.gov, SBA.gov, and strategic sourcing tools available to NIH/NCI, no other companies were identified that could provide equipment meeting these specifications. Based on this market research, Nikon Instruments, Inc. was determined to be the only vendor capable of supplying the required equipment (see Tab B – Market Research). In accordance with FAR Subpart 5.101(a)(1), NCI OA posted a sources sought notice on August 20, 2025, via SAM.gov to ensure there were no other qualified competitors. After posting the notice for ten days, no capability statements were received.

9. Any other facts supporting the use of other than full and open competition.

No additional information.

10. Listing of sources, if any, that expressed, in writing, an interest in the acquisition.

No interested vendors contacted the Contracting Officer in response to the Sources Sought Notice.

11. Statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the required supplies or services.

NCI anticipates the needs to be met successfully through this purchase order. If subsequent acquisitions are required, the Government will continue to explore whether other equipment/systems could meet the need. This market research will include either a SAM.gov or NIH Bid Board announcement, if applicable. The Government will continue to seek competition and eliminate unnecessary specifications to the maximum extent possible for this specialized equipment.

12. Program office certification.

This is to certify that the portions of this justification that have been developed by the undersigned program office personnel, including supporting information and/or data verifying the Government’s minimum needs, schedule requirements and other rationale for other than full and open competition, are accurate and complete.

Official Name & Title Signature Date

Contracting Officer’s

Representative

(COR)

Gloria Osei, Technical Laboratory Manager

COR’s Immediate Supervisor

Dr. David Shurtleff, Acting Scientific Director

13. Contracting Officer certification.

This is to certify that the justification for the proposed acquisition has been reviewed and that to the best of my knowledge and belief the information and/or data provided to support the rationale and recommendation for approval is accurate and complete.

Official Name & Title Signature Date

Contracting Officer

Randall Tiqui

Contracting Officer

09/03/2025

9/3/2025