Redacted Brand Name Justification_OrcaFlex.pdf

NSWCCD Sole Source/Brand Name Justification Under SAT Rev 4 Template Effective July 2024

USE OF OTHER THAN FULL AND OPEN COMPETITION LESS THAN

SIMPLIFIED ACQUISITION THRESHOLD MEMO

FROM:

CODE: 7280

TO: Code 02 SUBJECT: Brand Name 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

NSWCCD Acoustic Research Detachment is tasked with engineering and installing complex underwater marine mooring systems and designing/maintaining major acoustic range infrastructure needed to support NAVSEA funded test operations. OrcaFlex is the industry standard software for modeling and dynamic analysis of offshore systems.

Required:

Item # Description Quantity

1.

OrcaFlex software for Modeling and Dynamic analysis perpetual license - Single User and Maintenance, Upgrade and Support (MUS) for 12 months from date of contract award. Product Number: ORCAFLEX

1 EA

Estimated value:

MANUFACTURER: Orcina Limited (“Orcina”) ADDRESS: Daltongate, Ulverston LA12 7AJ, United Kingdom

PHONE: +44(0)1229 584742

POC: Emma Johnston EMAIL: orcina@orcina.com

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

Explain below the market research that was conducted

A. BRAND NAME:

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.

OrcaFlex is proprietary software exclusively owned by Orcina Ltd., with no alternative vendors or comparable tools available. It is widely accepted in the industry and required for engineering design validation. It offers tools for modeling risers, cabling, moorings, and subsea equipment and its precision in handling hydrodynamic forces, non-linear material behavior, and transient dynamics is critical for complex projects. Given its unique capabilities and lack of alternatives, procuring OrcaFlex ensures that NSWCCD Acoustic Research Detachment can meet technical and programmatic requirements.

Orcina Ltd., has authorized regional distributors.

2. Exclusive Licensing Agreements: The item or service is only available from the Original Equipment

Manufacturer (OEM).

3. Other Reasons:

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.

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).

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.

Customer/Requestor Signature Name / Title / Phone 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. 3204(c).

Contracting Officer Signature Name / Title / Phone Date