SOLE SOURCE REDACTED.docx

USE OF OTHER THAN FULL AND OPEN COMPETITION LESS THAN SIMPLIFIED ACQUISITION THRESHOLD MEMO

FROM:

CODE:

SUBJECT: Sole Source/Brand Name Justification / Limited Source Justification for Use of Other than Full & Open Competition for an Acquisition under the Simplified Acquisition Threshold (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. 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.

3. This memorandum is derived from Enclosure 3, Department of Navy Simplified Acquisition Procedures Guide (April 2018) and is only applicable to acquisitions under the SAT.

II. DESCRIPTION OF ITEM OR SERVICE

Purchase the renewal of ANSYS annual software licenses, including technical support for the EDPE Branch at NSWC Carderock Division (NSWCCD), Code , to include:

one (1) ANSYS Mechanical Enterprise – TECS Annual one (1) ANSYS High Performance Computing (HPC) Annual one (1) ANSYS Computational Fluid Dynamics (CFD) Enterprise two (2) ANSYS Discovery Modeling TECS/Exchange two (2) ANSYS SDiscovery Modeling-TECS Annual

These renewals shall have a period of performance from 06/30/2024 – 06/29/2025 to avoid any lapse in support. The estimated value of the contract is $ .

MANUFACTURER: ANSYS, Inc., ADDRESS: 2600 ANSYS Drive, Canonsburg, PA 15317

PHONE:856-638-8737

POC: Blake Calabro

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.

· 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 Sole Source/Brand Name Justification ≤ SAT rev 1 Effective September 2020

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

· 3. 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.

The required renewals are only available from ANSYS Inc. ANSYS has proprietary rights to all product licenses, maintenance, and support and does not have resellers authorized to sell to the Navy Code has been using ANSYS software since 2018 and has a continued need to utilize the required ANSYS software renewals. Previous contracts include N00167-18-P-0203, N00167-20-F-0165, N00167-21-F-0102, N00167-22-F-0070 and N00167-23-F-0079. No other vendors’ products, can provide the capabilities required by Code . ANSYS offers the capability of thermal management simulation using co-simulation, as the CFD component requires heat generation as an input and temperature as an output, while the battery electrical circuit model and electrochemical model produce heat generation but need temperature inputs. Coupling the electrical circuit model or electrochemical model with CFD is unique to ANSYS. ANSYS also has a unique open platform format not found in other products whereby the solvers and data from electrochemical, mechanical, and thermal platforms can be shared, allowing for simultaneous solutions for battery and cell modeling. ANSYS-based models are currently in use at other warfare centers allowing sharing of data and results between the two lithium battery safety technical agents, NSWCCD and NSWC Crane. Code requires the open platform format capability, where data is shared across all simulations in order to have a means of interoperable model exchange with NSWC Crane.

☒ 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.

The required renewals are only available from ANSYS Inc. who is the developer and only source of ANSYS product licenses, and provider of maintenance, and technical support.

☒ 3. Other Reasons:

The impact to Code if currently held and previously purchased ANSYS software is not renewed is that Code . employees will not be able to continue to perform their duties, including maintaining their Division support to the Energy REACTS FY21 Battery and Simulation Modeling Program and the NSWCCD Battery Modeling Program. This impact will spiral down to Code lithium battery safety program and their ability to provide Lithium battery safety recommendation and certification to the fleet and will delay missions, which require a lithium ion battery approval for any Navy platforms. Code is part of an overall NSWCCD ANSYS initiative that has already invested in ANSYS software for mechanical and fluid flow modeling efforts, with several experts in ANSYS modeling on-base. Approximately $ has already been spent by the NSWCCD on ANSYS systems and on employee training. In addition, the ANSYS suite of modeling software was the recipient of over a million dollars in investments from Department of Energy (DOE) and Office of Naval Research (ONR) for development of tools and techniques that have been integrated into Code ’s the battery modeling suite.

Code ’s Battery Modeling Program was directed to procure the down selected ANSYS software for evaluation in order to develop a modeling capability within Code for demonstrating its utility for supplementing lithium battery safety testing. Code ’s continued support of this program depends on the capabilities unique to ANSYS's ANSYS Computational Fluid Dynamics (CFD) and Mechanical Enterprise software suite.

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.