Redacted Brand Name Justification.pdf

MEMORANDUM FOR FILE

FROM: Shamone Mills

CODE: 653

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. 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)

Purchase is for renewal of FEMAP, FEMAP with Simcenter NASTRAN, and Simcenter NASTRAN annual licenses and license maintenance for NSWC, Carderock Division, (NSWCCD) Code 65. The licenses required and quantities associated with Code 65’s Sold-to-ID’s 1196545, 1167210, 10123933 and 1509962 are described in the accompanying Minimum Specifications. Annual FEMAP maintenance gives Code 65 the ability to support advanced ship structural design and analysis by providing access to software technical support and new version releases. The estimated cost of the software package is $140,792.92. The Period of Performance for NSWCCD’s Install ID #1196545, 1167210, 10123933 and 1509962 is averaged from 07/01/24 to 07/31/25.

MANUFACTURER: Siemens Government Technologies, Inc.

ADDRESS: 1881 Campus Commons Dr., Suite 200, Reston, VA 20191

PHONE: 703 483-2000

POC: Jeremy Russell, russell.jeremy@siemens.com

ESTIMATED TOTAL PRICE INCLUDING OPTIONS: $ 140,792.92

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

Siemens Government Technologies, Inc (SGT) is a U.S.-based subsidiary of Siemens Digital Industries Software for FEMAP, FEMAP with Simcenter NASTRAN, and Simcenter Nastran software products that can provide to U.S. DoD and other US agencies. NSWCCD can obtain FEMAP products and maintenances from SGT through directly from SGT and through four (4) designated “SGT-enabled partners.” All five (5) sources are listed as follows:

i. SGT directly sales

ii. Spatial Integrated Systems, Inc. (SIS)

iii. Saratech (Paydarfar Industries Inc.),

iv. ATA Engineering, Inc, and

v. Maya Simulation Technologies Ltd.

As of FY24, SGT manufacturer subsidiary has clarified that NSWCCD Code 65’s license maintenance renewals for Sold-to-ID #1196545, #1167210, #10123933 and #1509962 can be open to the aforementioned five sources. While a full and open competition can be performed for Sold-to-ID #1196545, #1167210, #10123933 and #1509962 one of five will have to be a prime or a subcontract holder who can provide the SGT products to NSWCCD and other U.S. DoD and US. Agencies.

Available sources capable of providing all the FEMAP/NASTRAN licenses required by the NSWCCD Code 65 include: SGT direct sales, SIS, Saratech, ATA Engineering, Maya Simulation Technologies Ltd and other authorized NASA SEWP resellers who buy the products and services directly from SGT or from SGT through one of four designated SGT-enabled partners.

Spatial Integrated Systems (SIS) provide FEMAP, FEMAP w/ Simcenter NASTRAN and Simcenter NASTRAN software on GSA Schedule GS-35F-160CA. However, no single GSA vendor can provide all of the products in this procurement (i.e., including product E514-M). Legacy product E514-M is priced according to open market pricing which may include adjustments made by SGT, reseller, and/or SGT-enabled partners.

☒ A. BRAND NAME:

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

The NSWCCD, Code 65 requires advanced computational software to perform structural analysis and optimization of Navy ship and submarine structures. FEMAP is the software of choice for Code 65 as it provides advanced modeling, pre- processing, meshing, and post-processing required to support advanced ship structural analysis and the flexibility and robustness required to interface with a large number of commercial design applications. Analysis capabilities include full ship modeling, local structural analysis, and optimization with structural degradation. Simcenter NASTRAN is used by Code 65 as it supports large ship structural modeling using beam elements integrated with shell elements. The structural analysis capabilities allow efficient modal analysis and linear seaway load analysis of these structures. In addition to current requirements, Simcenter NASTRAN is specifically required by Code 65 for access to legacy models. FEMAP is also required by Code 65 to interface with the large number of private sector vendors, shipbuilders, and design firms that provide support using multiple versions and types of software.

This current FEMAP/NASTRAN purchase is for the renewal of licenses and maintenance of licenses Code 65 already owns and have acquired over a 10-20-year period. Of these licenses, 20 are just pre-/post- processing, while 12 include not only the pre-/post- processing but full analysis capability. Code 65 also uses ABAQUS finite element analysis (FEA) software primarily for submarine structures using more complex 3D element formulations.

☐ 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:

FEMAP software licenses requested in this purchase were previously purchased for Codes 65 via FY21 contract N0016721P0189 and FY22 contract N0016722P0149.

☐ B. SOLE SOURCE (select all that apply)

☐ 1. Restrictive Rights: The source has established proprietary rights, limited rights in data, patent rights, ☐ 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):

☐ 1. Restrictive Rights: The source has established proprietary rights, limited rights in data, patent rights, ☐ 2. Exclusive Licensing Agreements: The item or service is only available from the Original Equipment Manufacturer (OEM).

☐ 3. Other Reasons:

IV. CERTIFICATIONS & APPROVALS

A. Technical/Requirements Certification: I certify that the facts and representation under my cognizance, which are included in this justification, are complete and accurate to the best of my knowledge and belief.

Shamone Mills/ Engineering Technician/

757-376-6201

Customer/Requestor Signature

Name / Title / Phone

Gavin Fidanza/ 65 Engineer/ 240-515-5768

Date

First Line Supervisor Signature Name / Title / Phone Date

B. Certification/Approval per FAR 13.501: Upon the basis of the above justification, I hereby approve the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304(c).

Contracting Officer Signature Name / Title / Phone Date