C02 - BNJ_Redacted.pdf

III. BASIS FOR DETERMINATION FOR USE OF OTHER THAN FULL & OPEN COMPETITION

A. BRAND NAME:

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

SIMULA ABAQUS is a finite element analysis (FEA) software package historically used by NSWCCD for more than 30 years for linear and nonlinear structural evaluation of complex Navy structures.

An award to an offerer for other than the brand name ABAQUS for this procurement would result in a substantial duplication of cost to the U.S. Government, which would not be expected to be recovered through open competition of minimum specifications.

There is no one FEA software package that can replace ABAQUS and ABAQUS EXTENDED suite.

Using combinations of similar COTS FEA software such as NX/Simcenter, NX/Simcenter Testlab, NX/NASTRAN basic and advanced solvers, HyperWorks software (HyperMesh, HyperView, HyperStudy, RADIOSS, OptiStrucs), and nCode fatigue software can potentially replicate the capabilities within ABAQUS and ABAQUS EXTENDED suite. However, new labor resources would be required to establish new certification processes with NAVSEA technical warrant holders along with anticipated schedule impacts for the critical Navy programs. To replace these ABAQUS products with 1yr subscription leases of the corresponding HyperWorks software (HyperMesh, HyperView, HyperStudy, RADIOSS, OptiStruct) suite alone is estimated at $114,400.00 based on 143 HWU tokens at $800 each.) Cost of NX/Simcenter, add-on NX/Simcenter Testlab, NX/NASTRAN basic and advanced solvers, and nCode fatigue software would add additional service cost. Additional $150,000.00 to $225,000.00 in labor cost is estimated to train, then to perform test and evaluation of the new software workflow and to provide objective quality evidence for NAVSEA technical warrant holders’ approval.

Also, with the unacceptable delays in the completion of mission essential work. ABAQUS software is needed to access, maintain, and update existing and working models and no other software can natively manipulate, translate or interrupt these analysis model files. Recreation of Abaqus-related analysis models/work through other products would result in a significant delay of product delivery to our customers for reasons referenced in the paragraph above, (i.e., the need for new certification processes, software workflow test and evaluation, and personnel training).

As summarized in the paragraph above, a market survey of alternate COTS FEA software capabilities was conducted and it was determined that there are no other software packages that can solve NSWCCD current and legacy ABAQUS FEA models.

Currently, Dassault Systems Government Solutions Corp. and immixTechnology, Inc. are the only two vendors available for providing ABAQUS maintenance and software license renewals. Dassault Systems Americas Corp, “owner” of the SIMULIA brand applications, started selling directly in FY20, and authorizes sales through one GSA schedule holder, ImmixTechnology, Inc...

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.

2. Exclusive Licensing Agreements: The item or service is only available from the Original Equipment Manufacturer (OEM).

3. Other Reasons:

The required software annual maintenance was previously awarded in FY21 under multiple year contract N00167-21-P-0081, amendments P-00001 and P-00002 in FY22 and FY23, respectively.

Therefore, pursuant to FAR 8.405-6(b)(1), no other brand name software other than SIMULIA ABAQUS would be able to natively access, open, modify, and wright current and legacy ABAQUS model database files mbd format without potential delays of model translation errors requiring correction that would result in additional cost and associated time delays.

B. SOLE SOURCE (select all that apply)

1. Restrictive Rights: The source has established proprietary rights, limited rights in data, patent rights, Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

C. LIMITED SOURCE (FAR 8.405-6):

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

1. Restrictive Rights: The source has established proprietary rights, limited rights in data, patent rights, Manufacturer (OEM).

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.

Customer/Requestor Signature Name / Title / Phone Date

First Line Supervisor Signature Name / Title / Phone Date

B. Certification/Approval per FAR 13.501: Upon the basis of the above justification, I hereby approve the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304(c).

Contracting Officer Signature Name / Title / Phone Date