C14 PR 1301328162 Sole Source Justification_Redacted.pdf

NSWCCD SAP Non-Competitive Procurement Justification Memo Effective April 2025

MEMORANDUM FOR FILE

FROM:

CODE: 6110

TO: Code 02

DATE: 1/20/2026

SUBJECT: Non-Competitive Procurement Justification Memo for Actions Under SAT

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.

2. FAR 8.405-6 allows for limiting sources for orders or BPAs under Federal Supply Schedules under certain circumstances or for items peculiar to one manufacturer

3. As required by FAR 13.106-3(b)(3)(i), FAR 8.405-6(a)(1), or FAR 8.405-6(b)(2), 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 (Include manufacture/sole source name and address.)

Purchase the 5-year renewal (base year plus 4 one-year options) of the annual license, maintenance and support (M&S) for a single-seat, floating network license across an 8 Core/2 Job solver configuration of SYSWELD software for NSWCCD Code 611. The estimated base year cost of the purchase is $ and the estimated total contract value is $ , including options.

The delivery date requirement for each of the base and option years of the contract is 15 March annually.

Manufacturer: Keysight Technologies Inc. / US Address: 1900 Garden of the Gods Road, Colorado Springs CO 80907-3423

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

A. BRAND NAME. The 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, copyrights, or secret processes in the item or service required.

NSWCCD SAP Non-Competitive Procurement Justification Memo Effective April 2025

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

3. Federal Supply Schedule (FSS) IAW FAR 8.405-6(b).

4. Other Reasons.

B. SOLE 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.

2. 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.

Competition is not feasible for this procurement as the SYSWELD software is only available from Keysight, who does not have any known resellers for their products. An award to any company other than Keysight would result in (a) substantial duplication of costs to the U.S. Navy, which would not be recovered through competition, and (b) unacceptable delays in the completion of welding simulations in support of Maritime Industrial Base research. Therefore, for the reasons discussed above, and in accordance with FAR 13.106-1(b)(1)(i), it has been determined that the circumstances of this contract action deem only one source reasonably available.

3. Other Reasons.

Only SYSWELD has the capabilities to continue usage of the already-developed models to perform Code 611’s needed analysis of weld process optimization for the Maritime Industrial Base-funded material maturity efforts. Continued current and out-year usage and renewal of SYSWELD is required to maintain continuity to support on-going projects as well as connect with other Navy facilities (namely Ingalls Shipbuilding and Puget Sound Naval Shipyard) using the same software.

4. Federal Supply Schedules (FSS): IAW FAR 8.405-6(a)(1)