PR 1301217247 Brand Name Justification_Redacted.pdf

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

MEMORANDUM FOR FILE

FROM:

CODE: 8309

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. 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 (include manufacture/sole source name and address)

Siemens FEMAP/NASTRAN is used for modeling and structural analysis of assemblies using finite element analysis methods. The intended use of this software at NSWCCD is the assessment and verification of structures for boats, combatant craft, and service craft.

Electronic Delivery is preferred.

The estimated cost is for the software and maintenance support is

MANUFACTURER: Siemens ADDRESS: 300 New Jersey Ave, Suite 1000

Washington DC 20001

PHONE:

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.

Market research was conducted and it was found that FEMAP/NASTRAN is developed by Siemens Technologies and distributed for resale to authorized resellers.

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.

FEMAP/NASTRAN was competitively selected and is on the RDT&E network approved software list. NSWCCD's current model library requires FEMAP software. Alternate software would cause excessive burden on the Government in cost and training hours. Siemens FEMAP/NASTRAN is proprietary software required to continue use. It is in the best interests of the government to continue using this software over another approach.