REDACTED Sole Source.docx

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

FROM:

CODE:

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

This contract is for Dassault Systemes software license renewals CST Studio for a one year period from June 16, 2024 – June 15, 2025. This software is required to support analysis, design, and threat assessments through the development of computer models related to underwater electromagnetic (UEM) signatures of naval ships and submarines. The estimated cost of this procurement is $ .

MANUFACTURER: Dassault Systemes ADDRESS: 175 Wyman Street, Waltham, MA 02451 PHONE: 781-810-3000 POC: John Robillard, john.robillard@3ds.com, 774-556-3249

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.

· 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)

NSWCCD Sole Source/Brand Name Justification Under SAT Rev 3 Template Effective February 2023

· 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. 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 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.

Dassault Systemes CST Studio Suite, formally OPERA 3D, software is one of two Finite Element Method (FEM) packages used by Code to model underwater electromagnetic signatures of simple shapes and full-scale targets. Opera3D is applicable to magnetic signatures, while the other package has features that make it applicable to electric signatures. Over the ten past years Code has built its knowledge of this software, streamlined the process for creating FEM models, and now has multiple models developed over several years that will only execute on the CST Studio Suite platform. Code has also made extensive modifications/additions to our in- house software, so that it interfaces well with the CST Studio Suite software. Code requires the software, CST Studio Suite and supporting modules, to complete mission essential tasks.

Per confirmation from Dassault Systemes, their support services and modules do not have authorized resellers.

· 3. Other Reasons:

· 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, 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:

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.