Redacted Brand Name Justification_FEMAP.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: Code 664 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, with two additional 1-year renewal options, 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 04/30/2023, for an estimated cost of Option year 1 period of performance shall be from 05/01/2023 – 04/30/2024, for an estimated cost of . Option year 2 period of performance shall be 05/01/2024 – 04/30/2025, for an estimated cost of 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.

MANUFACTURER: Siemens Digital Industries Software

ADDRESS:

411 Eagleview Blvd #108, Exton, PA 194341

United States

PHONE: (610) 458-6502

POC:

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 directly from multiple vendor’s:

A. BRAND NAME:

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 N00167-19-P-0198.

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 manufacturer’s software application, which would substantially increase the procurement cost.

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:

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.