23Q0211_NonComp_Redacted.pdf

SWIP Tracking No. 23SWXP0329

DON SAP Guide Enclosure (3) 1

MEMORANDUM TO THE FILE

Subj: USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN ACQUISITION

UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

IDENTIFICATION OF SOURCE:

DS Government Solutions / Waltham, MA / Cage: 7A6S5

I. BACKGROUND:

1. FAR 13.106-1(b)(1)(i) states 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, brand-name or industrial mobilization).

2. As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

Requirement is for annual maintenance and support for CST Studio Suite, Acceleration Tokens and Antenna Magus. This software is used in support of test, evaluation, and engineering design modeling and simulation

Period of Performance for CST Studio Suite & Tokens; CLINs 0001-0005: August 23, 2023 - August 22, 2024

Period of Performance for CST Magus; CLIN 0006: January 23, 2024 - August 22, 2024.

*Requesting a base year, along with a 2-year option.

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

A. X ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. ___ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

DON SAP Guide Enclosure (3) 2

2. X EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

CST of America was the OEM for this software; however, Dassault Systemes acquired CST in July 2016. Dassault Systemes now owns all proprietary rights including data rights. CST Studio Suite provides seamless integration of multiple field solvers in a modular architecture which allows complex electromagnetic and particle dynamic problems to be solved self consistently. This is a unique capability in that complex problems combining electron optics, magnetostatics and electrodynamics can be solved without resort to multiple applications requiring translation of the input/output data files.

Key to this is a consistent mesher, provided in the CST Suite. CST Studio Suite is well suited to provide consistent solution to engineering related problems, such as high voltage generation, high power passive components, antenna and reflection (e.g. radar cross section) problems. Therefore, CST Studio Suite provides a unique capability required by and not easily accomplished by the amalgamation of other, individual software applications (which would require increased training, user time, and cost-assuming such applications could even be identified, acquired, and integrated). CST Studio Suite is therefore required to 1) provide unique capability, and 2) provide the greatest value to the Government in accomplishing mission requirements. This software allows resource sharing across to efficiently utilize the software through network licensing. This renewal will further software expertise and will help develop onboarding engineers. If we were required to certify another software company, it would cost the government in excess of for training, engineering analysis, software cost, and maintenance.

3. ___ OTHER REASONS.

B. ___ BRAND NAME. Item required must be a brand name product, or feature of a product, particular to one manufacturer.

C. ___UNUSUAL AND COMPELLING URGENCY. The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals.

Urgent requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine processing time would result in injury to the Government. The

DON SAP Guide Enclosure (3) 3 determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified:

2. Required delivery date/period of performance:

3. Explanation of why delivery/commencement of services by the date mentioned above is required:

4. If appropriate, include any additional pertinent information.

IV. CERTIFICATIONS/APPROVALS:

A. Technical / Requirements Certification: I certify that the facts and representation under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.

B. Certification/Approval.

Upon the basis of the above statements and information justification, I hereby approve, as the Contracting Officer, the solicitation of the proposed procurement(s) using other than full and open competition.

Contracting Officer Signature Name (Printed) / Phone # Date

DAVIDSON.KATHY.JO.1

057038175

Digitally signed by

DAVIDSON.KATHY.JO.1057038175

Date: 2023.06.20 15:15:57 -04'00'