Redacted EFEA Sole Source Justification.pdf

NSWCCD Sole Source/Brand Name Justification SAT rev 1 Effective September 2021

USE OF OTHER THAN FULL AND OPEN COMPETITION LESS THAN

SIMPLIFIED ACQUISITION THRESHOLD MEMO

FROM:

CODE: 7240

SUBJECT: Sole 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

Code 7240 requires the purchase of maintenance, scripts and a scalability study for software to demonstrate the effectiveness of this software to support future submarine designs. Estimated cost of this procurement is

MANUFACTURER: Michigan Engineering Services Inc.

ADDRESS: 2890 Carpenter Road, Suite 1900, Ann Arbor, MI 48108

PHONE: 734-358-0792

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

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.

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.

Through a Phase II SBIR contract N00014-05-C-0146 MES developed an Energy Finite Element Analysis (EFEA) code which is the only available product that allows to use finite elements for conducting mid to high frequency structural-acoustic simulations. MES is the developer and owner of the EFEA code and has the experience working with LEAPS funded by a separate NSWC-Carderock in the past. The project would require the knowledge and usage of the EFEA and LEAPS, which makes the MES to be the only company capable of providing this service. EFEA is currently in usage at Carderock in support of ONR Integrated Structural Acoustics Tools and TSEP SSN (X) projects.

Michigan Engineering Services LLC developed EFEA and is the only company capable of properly supporting and maintaining the software.

3. Other Reasons: Commercially relatable codes are not available. Commercial Finite Element Analysis Codes, such as ABAQUS or NASTRAN, are limited to low to mid frequencies. The discretization needed for high frequency models make them too large to run efficiently. Energy Finite Element Analysis is intended for mid to high frequencies.

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

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. 2304(c).

Contracting Officer Signature Name / Title / Phone Date