PR 1301014754 Brand Name Justification_Redacted.pdf

NSWCCD Sole Source/Brand Name Justification SAT rev 1 Effective September 2020

USE OF OTHER THAN FULL AND OPEN COMPETITION LESS THAN

SIMPLIFIED ACQUISITION THRESHOLD MEMO

FROM:

CODE: 7260

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

Code 7260 requires the purchase of tokens and maintenance of ABAQUS software. This contract must be awarded by 14 July 2022 to avoid interruption of service. The estimated cost for this service is $ .

MANUFACTURER: Dassault Systemes ADDRESS: 10, Rue Marcel Dassault, 78140 Vélizy-Villacoublay, FRANCE

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

ABAQUS is proprietary software that is only available from the manufacturer and authorized resellers. Only the manufacturer and Immix Technology Inc. are allowed to sell to the Government.

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: Several other finite element analysis programs have been evaluated and ABAQUS is the only program that meets the Government needs for frequency dependent material properties and fluid loading capabilities. In house programs have been developed that use ABAQUS results to create signature predictions.