PR 1301262325 Brand Name Justification_Redacted.pdf

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

MEMORANDUM FOR FILE

FROM:

CODE: Code 664 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 (1) year license renewal for 14 (fourteen) existing FEMAP Software Maintenance Bundle licenses that will provide continued software upgrades and bug fixes for the previously procured FEMAP software is required. The base period of performance shall be from date of award through 07/30/2026. This purchase will provide continued software maintenance for existing FEMAP software by providing continued software upgrades and bug fixes.

FEMAP Software Maintenance updates shall be delivered via link for download via email or by CD if download is unavailable. The required delivery date is July 31, 2025.

MANUFACTURER: Siemens Digital Industries Software ADDRESS: 411 Eagleview Blvd #108, Exton, PA 194341

PHONE:

POC:

ESTIMATED TOTAL PRICE INCLUDING OPTIONS:

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

The supply is available to the Commercial Market Place. Software Maintenance Bundle license renewal for existing FEMAP licenses, that meet the requirements described in Part II above, can be purchased by the general public

A. BRAND NAME:

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

Item required must be a brand name product, or feature of a product, particular to one manufacturer.

FEMAP Software Maintenance Bundle licenses are specifically designed for FEMAP software. Software maintenance provided by another software brand (e.g., SolidWorks or Hypermesh) is not compatible with FEMAP software.

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).

Software Maintenance Bundle licenses provided by the original equipment manufacturer (OEM), FEMAP, are required to be compatible with the existing FEMAP software. OEM Software Maintenance Bundle licenses for FEMAP were competitively procured, previously, under contract N00167-22-P-0101.

3. Other Reasons:

FEMAP software application was previously procured. Software Maintenance awarded to another Brand Name (e.g., SolidWorks or Hypermesh) would require the additional procurement of fourteen licenses for that particular

B. SOLE SOURCE (select all that apply)

1. Restrictive Rights: The source has established proprietary rights, limited rights in data, patent rights, Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

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, Manufacturer (OEM).