Redacted Brand Name Justification_STAR-CCM.pdf

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

MEMORANDUM FOR FILE

FROM:

CODE: 8314

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) One-year subscription for one license each of Siemens Industry Software Inc. STAR 1002 � Simcenter STARCCM+ Power Session XaaS, STAR 1004 � Simcenter STAR-CCM+ Add 1 XaaS, and STAR 1005 � Simcenter STAR-CCM+ CAD Exchange XaaS.

MANUFACTURER: Siemens Digital Industries Software ADDRESS: 22 Boston Wharf Road, 8th Floor, Boston, Massachusetts 02210-3032

PHONE: 781-910-1950

POC: Tim Feeney (Tim.Feeney@Siemens.com)

Estimated Total Price:

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: Siemens Industries Software Inc. is the only producer of Siemens Simcenter STAR CCM+ and associated options. This software is proprietary to Siemens. Market research determined that other CFD software for marine use have inadequate capability to analyze advanced multi-physics problems. Therefore, in accordance with FAR 6.302- 1(b)(1) the governments minimum needs can only be satisfied by unique supplies available from only one source with unique capabilities. Other vendors would not be capable of providing the depth and breadth of capability.

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.

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

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.

Customer/Requestor Signature Name / Title / Phone Date

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

TPM 03/13/2025