NSWCCD Sole Source-Brand Name Justification Under SAT Rev NOV 2023_Redacted.pdf

NSWCCD Sole Source/Brand Name Justification Under SAT Rev 4 Template Effective November 2023

MEMORANDUM FOR FILE

FROM:

CODE: 611

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) Purchase the PanX software license to maintain the simulation capabilities for the Integrated Computational Materials Engineering (ICME) lab at NSWCCD and two option years. The software provides advanced design tools for additive manufacturing (AM) technologies. The Required Delivery Date (RDD) for the purchase is 15 May 2025 for the base year. The base year price is , and the total contract value (base + 2 years) is

MANUFACTURER: PanOptimization ADDRESS: 200 Innovation Blvd suite 212, State College, PA 16803 PHONE: not listed POC: Erik Denlinger

Estimated Total Price (including options if applicable):

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

A. BRAND NAME:

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)

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.

Pan Optimization is the developer and only authorized distributor and seller of PanX DED software product licenses, software maintenance, and technical support, see attachment.

Code 611 has purchased ANSYS DED and leverages an active CRADA with Hexagon to rigorously test commercially available directed energy deposition (DED) additive manufacturing (AM) software to enable analysis of advanced AM designs. Currently, our contract with ANSYS is coming to an end and Code 611 began looking for alternatives that would speed the process/analysis and was also cost effective going forward. Code 611 received a free trial PanX DED software license in summer of 2024 to compare PanX DED to existing capabilities. Market research done at that time (and continuing to this day) determined that PanX DED software had the most advanced capabilities available in the commercial marketplace. The procurement of the PanX DED software license will ensure that NSWCCD has the most advanced and capable AM-based software design tool on the market. The use case of this software will directly support current mission critical Maritime Industrial Base (MIB) funded projects to accelerate the adoption of AM components into the fleet. Furthermore, neither of the existing software packages (ANSYS and Simufact) would result in a mission success due to their extremely long simulation time (five weeks minimum) to perform one iteration of an analysis of a large part on the order of 1000+ pounds. Typically, process simulations require 5 to 10 iterations to obtain an acceptable analysis result. As a result, there is a clear need for the acquisition of PanX DED that results in iteration times of one day which is critical for mission success. It has far exceeded our current software and will allow for mission tasks to be completed more timely, accurately and with less overall cost to the mission. The acquisition of PanX is mission critical to support Maritime Industrial Base (MIB) funding for insertion of additive manufacturing parts in the fleet.

Currently, Code 611 needs to establish a new contract to maintain the license and usage of the PanX DED software. Pan Optimization is the developer and has established proprietary rights for maintaining their software, so no other source can set up this license.

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).

IV. CERTIFICATIONS & APPROVALS