REDACTED Brand Name Justification.docx

USE OF OTHER THAN FULL AND OPEN COMPETITION LESS THAN SIMPLIFIED ACQUISITION THRESHOLD MEMO

FROM:

CODE:

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(b)(1) states Brand name specifications shall not be used unless the particular brand name, product, or feature is essential to the Government’s requirements, and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency’s needs.

3. 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.

4. 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) NSWCCD requires seven (7) Rhino 7.0 Upgrade licenses to support users who are required to be working on the latest S/W available. (Currently we have Rhino 7.) Seven (7) users can use the S/W concurrently.

Rhino Software which is a free form NURB surface modeler to create used complex geometric shapes that are fully defined. The software also needs tools or plugins designed for fairing ships and boat hulls.

MANUFACTURER: Robert McNeel & Associates 3670 Woodland Park Ave N Seattle, WA 98103 USA

(206) 545-7000 Email: sales.na@mcneel.coM

ESTIMATED COST: $

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

Rhino is available as a commercial product to the public marketplace. Website offers product downloads to Commercial market and Schools/students alike at a discount. There is no known feasible alternative software package to meet the needs of NSWCCD engineers. Rhino is not available on a BPA or GSA Advantage.

☒ A. BRAND NAME:

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

Rhino3d is a used extensively in the marine industry and has an active user base. NSWCCD uses orcad3d which is a naval architecture software plug-in for Rhino which provides hull design and fairing tools; this plug-in only works with Rhino3d. There is no known feasible alternative software package to meet the needs of NSWCCD.

☒ 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.

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

Rhino 7.0 is proprietary to the software developer Robert McNeel and Associates, however Robert McNeel and Associates have several resellers of the Rhino 7.0 software.

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

☒ 3. Other Reasons: NSWCCD currently has Rhino 6 software installed on it’s computers and only requires upgrades to these licenses. Replacing the current software with another item rather than upgrading would cost in excess of $ in replacements along with lost time due to users requiring additional training.

· 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.

· 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

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