B03 Request to Restrict Competition NTE SAT v060126_signed.pdf

Source Selection Information – See FAR 2.101 and 3.104

B03 Request to Restrict Competition NTE SAT v060126 Effective June 2026

CUI

NAVAL SURFACE WARFARE CENTER

CARDEROCK DIVISION

MEMORANDUM

Requirements POC: Frank Zerofsky Requiring Code: 8314 Date: 6/24/26 Subj: Request to Restrict Competition for FAR Part 12 Acquisition NTE SAT

PID#: N00167-26-SIMACQ-CD-83-0090

This requirement is for a commercial product or commercial service that is not expected to exceed the simplified acquisition threshold (SAT) and FAR Part 12 procedures will be used for the purchase. FAR 12.102(a) states that the decision to restrict competition, including the use of brand name descriptions without allowing for “equal” products, must be documented. The Requirements Owner requests approval to restrict competition for the identified PID# for the reasons stated in Section III and submits this memorandum to document the basis for the request pursuant FAR 12.102(a).

I. TYPE OF RESTRICTION REQUESTED

SELECT ONE

☐ Sole Source. A sole source procurement means only one source for the required commercial product or service is reasonably available based on the information provided and certified by the Requirements Holder, e.g., exclusive licensing agreement, direct replacement, etc. “Sole source” restricts who can sell the product/service to the Government. If there is only one authorized dealer or reseller, select “Sole Source.”

☒ Brand Name. A brand name procurement means that the requirement includes a brand name description, specifies a particular brand name product, or the features of the product are particular to one manufacturer. “Brand name” restricts what can be sold to the Government but not who can sell it. If there is more than one authorized dealer or reseller, select “Brand Name.”

☐ Federal Supply Schedule (FSS). See FAR 8.401(b). Enter FSS#: Click or tap here to enter text.

☐ Exception to Fair Opportunity. See FAR 16.507-6. Select one below.

☐ DON Enterprise Licensing Agreement (ELA). Enter ELA#: Click or tap here to enter text.

☐ Enterprise Software Initiative (ESI). Enter ESI# Click or tap here to enter text.

☐ NASA Strategic Enterprise-Wide Procurement (SEWP)

II. REQUIREMENTS DESCRIPTION

Provide a brief description of the requirements.

One-year subscription for one license each of Siemens Industry Software Inc. STAR 2040 – Simcenter STAR- CCM+ Power Session Plus XaaS, STAR 1004 – Simcenter STAR-CCM+ Add 1 XaaS, and STAR 1005 – Simcenter STAR-CCM+ CAD Exchange XaaS..

Identify the Original Equipment Manufacturer (OEM), OEM address, and whether the market research was conducted by contacting the OEM directly or an authorized OEM dealer or reseller. For the source of the market research, provide the point of contact name, phone number, and e-mail. Also include the estimated dollar value from the Independent Government Estimate (IGE). Using manufacturer or vendor estimated cost information will result in rejection of the request.

OEM Name: Siemens Digital Industries Software OEM Address 22 Boston Wharf Road, 8th Floor, Boston, Massachusetts 02210-3032 Market Research Source

☐ OEM POC provided market research.

☒ Authorized OEM Dealer or Reseller POC provided market research.

Market Research Source POC Name:

Tim Feeney

Market Resource Source POC Phone#:

781-910-1950

Market Research Source POC E-Mail# tim.feeney@siemens.com

Estimated $ Value $45,897

III. BASIS TO RESTRICT COMPETITION

A. Existing Restrictive Rights/Licensing Agreements.

B. Coordination with Existing Equipment and Systems.

SELECT ALL THAT APPLY

☐ Compatible Form, Fit, & Function. The product or service must be compatible in all aspects with existing systems presently installed and performing.

SELECT ALL THAT APPLY

☐ Restrictive Rights. The prospective contractor has established proprietary rights, limited rights in data, patent rights, copyrights, or secret processes in the product or service required.

☒ Exclusive Licensing Agreements. The product or service is only available from the OEM or authorized OEM dealer or reseller.

☐ Direct Replacement. The product or service is a direct replacement for parts and components for existing equipment.

☒ Other Reasons.

C. Market Research Conducted & Conclusions.

Detailed market research is required to establish why only one source, or one brand can meet the requirement for the exclusion of other sources or brands. To comply with FAR 12.102(a), limitations to competition MUST detail the market research conducted to find alternate sources and competition. This information will be verified before Contracting Officer approval.

For Sole Source ONLY:

• Describe what is unique about the sole source that no other company or individual can provide.

• If using a cost impact statement, attach the supporting documentation.

For Brand Name ONLY:

• Discuss why you are precluding consideration of a product manufactured by another company.

• Describe how the brand name product or feature is essential to the Government’s requirement.

• Explain why a “brand name or equal” description cannot be used.

• Describe how market research indicates other companies’ similar products or products lacking the particular feature do not meet or cannot be modified to meet the Government’s requirement.

For Restrictive Rights:

• Explain what rights are restricted, why the restrictive rights make the required item or service available from only one source, and why another company could not satisfy the Government’s need.

• Describe how market research indicates other companies’ similar products or products lacking the particular feature do not meet, or cannot be modified to meet, the agency’s needs.

For Exclusive Licensing Agreements:

• Identify the OEM and explain the circumstances surrounding why the item or service is only available from the OEM.

• Describe how market research indicates other companies’ similar products or products lacking the particular feature do not meet, or cannot be modified to meet, the agency’s needs. Provide evidence of the exclusive licensing agreement as an attachment to this document.

For Other Reasons:

• Only include a cost impact statement if justification cannot be established using any of the above. The cost impact statement must provide a trackable basis for the conclusion that the estimated cost of switching sources is so high that it outweighs the benefits of competition.

• Lack of support documentation for the cost impact statement will result in Contracting Officer rejection.

Siemens Industries Software Inc. is the only producer of Siemens Simcenter STAR CCM+ and associated options. This software is proprietary to Siemens. Market research determined that other CFD software for marine use have inadequate capability to analyze advanced multi-physics problems. Therefore, in accordance with FAR 6.302-1(b)(1) the government’s minimum needs can only be satisfied by unique supplies available from only one source with unique capabilities. Other vendors would not be capable of providing the depth and breadth of capability.

IV. CERTIFICATIONS & APPROVALS

A. Requirements Owner/Technical Certification. I certify that the information provided above is true, accurate, and complete to the best of my knowledge. I understand that approval of this request precludes use of full and open competition.

Requirements POC/Customer Digital Signature

B. Contracting Officer Decision. Based on the information provided herein, I approve the request to restrict competition pursuant to FAR 12.102(a).

Code 02 Contracting Officer Digital Signature