Sole Source Justification SSJ Simplified Acquisitions up to 250K (6).docx

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pca-nimh-00308
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This is a Sole Source Justification (SSJ) for a simplified acquisition under $250,000 from the National Institute of Mental Health (NIMH), Division of Intramural Research. The acquisition is for original equipment manufacturer (OEM) repair and on-site service of an InSight X3 DualC laser system (serial number 2317), a critical component supporting active NIMH research studies at the NIH facility in Bethesda, Maryland. The required services include OM3-level factory repair, proprietary diagnostics, replacement of OEM components, factory certification, return shipment, on-site installation and testing, and provision of a same-type loaner laser during the repair period. The estimated cost is $58,849.53, with services to commence upon purchase order award and conclude upon successful installation, testing, and acceptance of the repaired system, including activation of a one-year extended warranty.

The justification restricts this acquisition solely to Newport Corporation (Spectra-Physics / MKS Instruments), located at 1791 Deere Avenue, Irvine, California 92606 (Point of Contact: Kathryn Levine, Phone: 800-456-2552, Email: kathryn.levine@mks.com). The sole source determination is based on the fact that only the OEM possesses the proprietary diagnostics, authorized technical capability, replacement components, and factory certification authority required to restore the laser system to OEM factory specifications safely and reliably. The laser system is currently non-operational, causing halted research experiments and disruption to active studies. Use of non-OEM repair providers would risk incompatibility with existing equipment, inability to certify system performance, and potential equipment damage. The project officer is Dr. Soohyun Lee, and the acquisition was conducted under FAR Subpart 13.106-1(b) authority for single-source simplified acquisitions where circumstances preclude competition.

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SOLE-SINGLE SOURCE (including Brand-Name) JUSTIFICATION

“Source Selection Information – see FAR 2.101 and 3.104”

1. Identification of the Agency and Contracting Activity.

a. Federal Agency and Contracting Activity.

Department of Health and Human Services National Institute of Health National Institute of Mental Health

b. Sponsoring Organization. National Institute of Mental Health (NIMH), Division of Intramural Research, Unit on Functional Neural Circuits

c. Project Officer Information.

· Project Officer Name. – Dr. Soohyun Lee

· Mailing Address. - Porter Neuroscience Research Center, Bldg 35, Room 2E-623, Bethesda, MD 20892

· E-mail Address. - soohyun.lee@nih.gov

· Telephone Number. - (301) 402-6777

2. Project Description.

a. Name of Item or Project Title.

OEM Repair and On-Site Service for InSight X3 DualC Laser System

b. Description of the Item or Service.

This acquisition is for original equipment manufacturer (OEM) repair, on-site service of an InSight X3 DualC laser system (serial number 2317), a critical component of an NIH-owned microscope supporting active NIMH research studies and includes provision of a same-type loaner laser during the repair period. The laser system is currently non-operational and requires OM3-level factory repair, including proprietary diagnostics, replacement of OEM components, factory certification, return shipment, and on-site installation and testing at the NIH facility in Bethesda, Maryland and provision of a same type of loaner laser during repair period.

The objective of this acquisition is to restore the laser system to full operational status in accordance with OEM factory specifications. Restoration of this system is essential to resume halted experiments and prevent further disruption to ongoing research activities. This is a new repair requirement and is not a continuation or renewal of a previous purchase order.

3. Market Research (see FAR Part 1 0).

Market Research was conducted and the results of market research are detailed in the attached market research document.

4. Acquisition Type.

This acquisition exceeds $10,000 and not expected to exceed $250,000, and conducted in accordance with FAR Part 13—Simplified Acquisition Procedures.

5. Acquisition Authority. This acquisition is conducted under the authority of the Federal Acquisition Regulations (FAR) Subpart 13.106-1 (b) Soliciting from a single source. (1) For purchases not exceeding the simplified acquisition threshold, 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, or industrial mobilization).

6. Justification Rationale.

Newport Corporation (Spectra-Physics / MKS Instruments) is the original equipment manufacturer (OEM) of the InSight X3 DualC laser system. The required OM3-level repair involves proprietary diagnostics, OEM replacement components, and factory certification that cannot be performed by third-party vendors. The laser must meet OEM factory specifications in order to be safely and reliably returned to service.

The system is currently non-operational, resulting in halted research experiments and disruption to active studies. Extended downtime has created a critical impact on ongoing research operations. Only the OEM is authorized and technically capable of performing the required repair and certifying the system for operational use, in addition to the provision of a same-type loaner laser during the repair period. No other source can provide equivalent services or ensure compatibility with existing NIH-owned equipment.

Only one source is available:

I hereby determine that the OEM repair, on-site service for the InSight X3 DualC laser system and the provision of a same-type loaner laser during the repair period listed herein is available from only one source, and competition is precluded for the reasons indicated below. There are no substitutes available.

This acquisition is restricted to Newport Corporation (Spectra-Physics / MKS Instruments) 1791 Deere Avenue Irvine, CA 92606

Point of Contact: Kathryn Levine Phone: (800) 456-2552 Email: kathryn.levine@mks.com

The estimated cost of the required services is $58,849.53. Services shall be performed beginning upon award of the purchase order and shall conclude upon successful installation, testing, and acceptance of the repaired system, including activation of the one-year extended warranty which include the provision of a same-type loaner laser during the repair period.

Brand-name or Items peculiar to one manufacturer:

The essential characteristics of the required service that limit availability to a sole source include proprietary OEM diagnostics, replacement components, factory calibration, and certification required to restore the InSight X3 DualC laser system to OEM factory specifications and the provision of a same-type loaner laser during the repair period. Only the original equipment manufacturer, Newport Corporation (Spectra-Physics / MKS Instruments), can furnish these services.

The repair service must be fully compatible in all aspects of form, fit, and function with the existing NIH-owned laser system and microscope configuration. The required services constitute direct repair and replacement of OEM components for existing equipment and the provision of a same-type loaner laser during the repair period.

7. Any other facts supporting the justification.

Use of a non-OEM repair provider would risk incompatibility with existing equipment, inability to certify system performance, and potential damage to the laser system. Approval of this sole source acquisition ensures timely restoration of critical research capability and minimizes the risk of further operational disruption.

Project Officer Certification. The undersigned program official(s) certifies that the information in support of this justification for the proposed acquisition has been reviewed, is completed and correct to the best of my knowledge and belief and recommends approval.

Soohyun Lee 1/26/2026 Project Officer Date

8. Contracting Officer Certification. The Contracting Officer certifies 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 and in accordance with FAR 13.106-1(b)(1), the facts of this acquisition preclude the use of full and open competition.

Contracting Officer Date

Revised10/31/2016 FAR Subpart 13.106-1(b) image1.png

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