Redacted Sole Source Justification.pdf

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

MEMORANDUM FOR FILE

FROM:

CODE: 65

TO: Code 02 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. FAR 8.405-6(b)(1) states Brand name specifications shall not be used unless the particular brand name, market research similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the

3. 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.

4. 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 (include manufacture/sole source name and address)

Naval Surface Warfare Center, Carderock Division (NSWCCD), Code 651, utilizes LSTC LS-DYNA for finite element analysis (FEA) for massively parallel system modeling and simulation of strongly dynamic and nonlinear events involving structures and complex materials, sometimes with coupling to fluids. LSTC LS-DYNA is an explicit finite element program well suited for simulation of highly nonlinear dynamic problems. LSTC LS-DYNA has been enhanced to include the Arbitrary Lagrangian Eulerian (ALE) formulation to provide analytical capabilities unique to the naval community. However, reliance on external computing platforms is advantageous. In past programs (e.g. DYCOSS-2 and DYCOSS-3D), rapid learning and accomplishment-attainment progress was enhanced by having locally-maintained LSTC LS-DYNA capabilities available. These license have been in use for over 20 years. The Items to be acquired include a below, Item # CLIN Description Qty.

Base Year

1 TBD

LSTC LS-DYNA Small System Job - TECS PoP Dates: 08/15/2024 - 08/14/2025 Open Market Item 1

2 TBD

LSTC LS-DYNA Small System Added Cores - TECS PoP Dates: 08/15/2024 - 08/14/2025 Open Market Item 4

3 TBD

LSTC LS-DYNA Small System Added Cores - TECS PoP Dates: 08/15/2024 - 08/14/2025 Open Market Item 7

#2 Option Year

TBD

LSTC LS-DYNA Small System Job TECS PoP Dates: 08/15/2025 - 08/14/2026 Open Market Item 1

5 TBD

LSTC LS-DYNA Small System Added Cores TECS PoP Dates: 08/15/2025 - 08/14/2026 Open Market Item 4

6 TBD

LSTC LS-DYNA Small System Added Cores TECS PoP Dates: 08/15/2025 - 08/14/2026 Open Market Item 7

#3 Option Year

7 TBD

LSTC LS-DYNA Small System Job TECS PoP Dates: 08/15/2026 - 08/14/2027 Open Market Item 1

8 TBD

LSTC LS-DYNA Small System Added Cores TECS PoP Dates: 08/15/2026 - 08/14/2027 Open Market Item 4

9 TBD

LSTC LS-DYNA Small System Added Cores TECS PoP Dates: 08/15/2026 - 08/14/2027 Open Market Item 7

MANUFACTURER: ANSYS Inc.

ADDRESS: 2600 ANSYS Drive Canonsburg, PA 15317

PHONE: 844-462-6797

POC: Blake Calabro

ESTIMATED TOTAL PRICE INCLUDING OPTIONS:

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)

Livermore Software Technology Corporation (LSTC) (now owned by ANSYS, Inc.) products LSTC LS-DYNA are required to maintain common analysis software among cooperating agencies and commercial associates. This LSTC LS-DYNA package allows Code 651 to perform the required Finite Element Analysis (FEA) of DON designed parts and structures. FEA modeling is required to perform detailed structural and thermal engineering analysis on designed critical items which could fail without the in depth analysis. LSTC LS-DYNA software is required by employees in Code 651 to perform their same mathematical calculation capabilities and compatibility with contractor models as LSTC LS- DYNA is available. LSTC LS-DYNA is capable of Arbitrary Lagrangian Eulerian (ALE) a solutions to fluid-structure interaction problems. The code also provides a hybrid dummy model required for assessing crew injuries. Additionally, this code is required to support independent assessment of contractor calculations for our sponsors who utilize the software. This software has existed for over twenty years, for another company to duplicate the capabilities would take an immeasurable amount of time, not including the added costs to procure additional software and associated tools to capture the capabilities within the LSTC LS-DYNA software.

LSTC was the developer and sole proprietor of LSTC LS-DYNA and USA. The software was previously provided by LSTC, however, ANSYS, Inc. has purchased LSTC. ANSYS, Inc. has proprietary rights and is the only authorized source to obtain the required LS-DYNA software and maintenance. ANSYS, Inc. has a GSA contract however the required LS-DYNA products are not available under the ANSYS GSA Contract and must be procured directly from ANSYS, Inc. These licenses have been renewed by Carderock for multiple years in the same format. ANSYS Inc. has all of the items required for NSWCCD code 65 personnel to continue to complete the important work of the agency.

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.

Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

Considering the continuation of ONR-sponsored efforts beyond FY24, purchase of code 65-supported and locally-hosted LSTC LS-DYNA licenses is critical to these efforts. Without a local license of LSTC LS-DYNA C65 personnel will be unable to prepare and troubleshoot models before submission to the HPC. This could result in multiple high-grade personnel losing months of time costings /yr. per person. This does not include impacts to schedules that would result in failure to secure a local license of LSTC LS-DYNA.

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.

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.

05/28/2024

Customer/Requestor Signature Name / Title / Phone Date

05/28/2024 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