Redacted OpenFoam Sole Source Justification.pdf

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

MEMORANDUM FOR FILE

FROM:

CODE: 872

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) NSWCCD Code 87 seeks to develop the harmonic balance method for efficient simulation of problems which are periodic in time. NSWCCD originally proposed developing this capability in-house within NavyFOAM, but discovered that Wikki has already developed a library for foam-extend that provides this capability. NavyFOAM is built on foam-extend, so adding the library through this support contract will cost much less than developing it from scratch.

MANUFACTURER: Wikki Ltd.

ADDRESS: Studio 459 China Works, 100 Black Prince Road, London SE1 7SJ, United Kingdom

PHONE: +44 20 3176 7190

POC: Dr. Hrvoje Jasak

ESTIMATED TOTAL PRICE INCLUDING OPTIONS: USD

Required Delivery Date: 9/30/23

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

A. BRAND NAME:

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.

Wikki Ltd. is the computational fluid dynamics (CFD) software development company in U.K. that provides its services in software development and consultation using their CFD software package called “foam-extend (the current version is foam-extend-5.0 released in September 2022), a variant of the open-source CFD library OpenFOAM. NavyFOAM, Navy’s in-house CFD code, is built around foam-extend. The software library implementing the harmonic balance method (HBM), which we need for our task, is currently available only in foam-extend.

Market research shows that Wikki LTD is the sole developer of the foam-extend software package and Naval Hydro Pack for foam-extend. As the software developer they are the only company with the unique knowledge and experience required to provide the software support required for this project. Wikki Limited does not have any authorized resellers.

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

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

9/19/2023

9/19/2023