N0016725Q1163 Brand Name Justification_Redacted.pdf

NSWCCD SAP Non-Competitive Procurement Justification Memo Effective April 2025

MEMORANDUM FOR FILE

FROM:

CODE: 611

TO: Code 02

DATE: 25 AUG 2025

SUBJECT: Non-Competitive Procurement Justification Memo for Actions Under 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 allows for limiting sources for orders or BPAs under Federal Supply Schedules under certain circumstances or for items peculiar to one manufacturer

3. As required by FAR 13.106-3(b)(3)(i), FAR 8.405-6(a)(1), or FAR 8.405-6(b)(2), 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.

II. DESCRIPTION OF ITEM OR SERVICE (Include manufacture/sole source name and address.)

5-year renewal (base year plus 4 one-year options) of the annual license, maintenance and support (M&S) for a single-seat, floating network license of Magics software for NSWCCD Code 611/618. Code 611/618 has used Magics for 5 years to design and prepare additive manufacturing (AM)-based builds. This FY26 purchase shall continue the license M&S for the software for an additional 5 years.

Estimated cost is $

Manufacturer: Materialise USA, LLC Address: 44650 Helm Court, Plymouth, MI 48170

III. BASIS FOR DETERMINATION FOR USE OF OTHER THAN FULL & OPEN COMPETITION

A. BRAND NAME. The 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.

Materialise is the developer and has established proprietary rights for the Magics software and related modules.

Code 611 originally purchased Magics software 5 years ago and continues to use the software to design and prepare various AM-based builds. To support the Maritime Industrial Base (MIB) programs, Code 611/618 requires AM simulation software that can: 1) enable users to prepare CAD files for use in AM machines, NSWCCD SAP Non-Competitive Procurement Justification Memo Effective April 2025 specifically converting to STL format, 2) perform edit design and repairs, and 3) enable geometry slicing prior to part fabrication. In addition, the AM software needs to be non-machine specific as Code 611/618 works with numerous AM machines across the Naval Enterprise, which are manufactured by several different companies in the AM marketplace.

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

Materialise is the developer and only authorized distributor and seller of Magics product licenses, software maintenance, and technical support.

3. Other.

Code 611/618 requires Magics software to simulate and interrogate additive manufacturing (AM)-based process parameters to reduce the cost and schedule for performing AM-related research, development, testing and evaluation.

Code 611/618 requires the follow-on purchase of a multi-year renewal of the Magics software package as only Magics has the capabilities to enable the continued compatible usage of already-developed models needed for analysis of AM process optimization for the MIB. The impact of not soliciting a current year and out-years renewal of Materialise Magics is that Code 611/618 will not be able to maintain continuity to support the on-going MIB program or connect with other Navy facilities. To transition to another application is not a practical solution because the upfront cost of a new software and the schedule delays associated with rebuilding existing AM models would be detrimental to the Navy since there is no way to convert historical AM-designed models into other software packages without a complete rebuild. The

4. Federal Supply Schedule (FSS) IAW FAR 8.405-6(b)

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.

3. Other.

4. Federal Supply Schedules (FSS): IAW FAR 8.405-6(a)(1)

a. An urgent and compelling need exists, and following the procedures would result in unacceptable delays;

b. Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized; or