A13- ANSYS_JUSTIFICATION_AND_APPROVAL- CO signed 22Sept2026 2_Redacted.pdf

JUSTIFICATION AND APPROVAL

For Other Than Full and Open Competition

(Commercial Products or Commercial Services – SAT Level)

1. Contracting Activity U.S. Department of Health and Human Services (HHS), Centers for Disease Control and Prevention (CDC), Office of Financial Resources (OFR), Office of Acquisition Services (OAS)

2. Description of the Action Approval of a sole-source award for commercial software maintenance and technical support services, using simplified acquisition procedures, to ANSYS, Inc. The anticipated firm-fixed-price award is for the period September 30, 2026 through September 29, 2027.

3. Description of the Commercial Requirement The Government requires commercial software maintenance and technical support services, as defined in Revolutionary FAR Overhaul Part 12, to support the National Institute for Occupational Safety and Health (NIOSH), Pittsburgh Mining Research Division (PMRD), in conducting computational modeling used in mining safety and health research. The requirement consists of annual maintenance, software updates and patches, licensing support, corrective maintenance, troubleshooting assistance, access to technical experts and vendor support resources, and priority technical support for the Government's existing ANSYS computational modeling software environment.

4. Authority for Other Than Full and Open Competition This acquisition is justified under Revolutionary FAR Overhaul 6.103-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

This justification is prepared in accordance with Revolutionary FAR Overhaul Part 6, including Revolutionary FAR Overhaul 6.3, and HHSAR 306.303.

5. Unique Qualifications of the Contractor ANSYS, Inc. is the only responsible commercial source capable of meeting the Government's minimum requirements because:

The requirement is for proprietary commercial software maintenance and technical support for the Government's existing ANSYS software environment; and

ANSYS, Inc. is the developer of the proprietary software and controls the intellectual property, source code, software updates, patches, licensing support, and technical capability necessary to maintain and support the existing ANSYS environment.

No other known commercial source can provide the required authorized maintenance and support for the existing ANSYS software without unacceptable cost, schedule, and performance impacts. Transition to another software platform would require retraining, redevelopment and revalidation of existing models, and could disrupt ongoing research that relies on established ANSYS models, data, validated results, and workflows.

6. Efforts to Obtain Competition Market research was conducted in accordance with Revolutionary FAR Overhaul Parts 10 and 12, including review of commercial sources, prior acquisitions, publicly available vendor information, and alternative computational modeling platforms. The research confirmed that although other computational fluid dynamics products exist, they are not alternative sources for maintenance and support of the

Government's existing proprietary ANSYS software. ANSYS, Inc. is the only source identified as capable of providing the complete authorized maintenance, updates, licensing support, and proprietary technical support requirement. A Notice of Intent to Sole Source will be publicized, and any timely capability statements received will be considered before award.

7. Fair and Reasonable Price Determination The anticipated award amount is . ANSYS, Inc. provided an updated quotation confirming that its previously quoted prices remain unchanged. The Contracting Officer will determine price reasonableness using commercial price analysis techniques in accordance with Revolutionary FAR Overhaul Part 12 and Revolutionary FAR Overhaul Part 15, as applicable, including consideration of the contractor's current commercial/GSA pricing and the Government's independent estimate, as appropriate.

8. Other Supporting Facts This sole-source determination is based solely on the authority cited in Revolutionary FAR Overhaul 6.103-1. Simplified acquisition procedures do not constitute a competition exception. The Government has used ANSYS software for more than 20 years, and existing research models, data, validated results, and established workflows are built on the ANSYS platform. Continued authorized maintenance and technical support are necessary to preserve compatibility, continuity, and reliability of ongoing mining safety and health research. The anticipated period of performance is September 30, 2026 through September 29, 2027.

9. Certification

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Contracting Officer and Approving Official:

Sheena Delaine __________________________ Date: ______

(Approval IAW Revolutionary FAR Overhaul 6.304 and HHSAR 306.304)

SHEENA R.

DELAINE -S

Digitally signed by SHEENA R.

DELAINE -S

Date: 2026.09.22 16:04:01 -04'00'