REDACTED Sole Source.docx

USE OF OTHER THAN FULL AND OPEN COMPETITION LESS THAN SIMPLIFIED ACQUISITION THRESHOLD MEMO

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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)

Thermo-Calc’s Ultra-High Temperature Material Database (TCUHTM1) is needed to expand the simulation capabilities for the Integrated Computational Materials Engineering (ICME) lab at NSWCCD. Code initially purchased their Thermo-Calc software license in April 2015 as part of NSWCCD contract N6554015P5134.

Continual maintenance of the license and procurement of additional database has been needed since the original purchase to address expanding material computational modeling needs. The TCUHTM1 database would provide additional modeling capabilities for hypersonic material applications and is valued at .

The sole provider of these software-specific databases is the developer of the Thermo-Calc suite of tools: Thermo- Calc Software, Inc.

MANUFACTURER:

Thermo-Calc Software, Inc.

4160 Washington Road, Suite 230 McMurray PA 15317

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).

NSWCCD

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Source/Brand

Name

Justification

SAT

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Effective

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· 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.

☒ 3. Other Reasons:

NSWCCD performs research and development in the areas of welding, processing, non-destructive evaluation, and other allied processing techniques. also provides engineering and technical support to NAVSEA technical warrant holders, various program offices, and other Department of Defense (DoD) organizations. A particular program supported by is the Office of Naval Research (ONR) funded “Agile Manufacturing Integrated Computational Materials Engineering (ICME) Toolkit” program, which has a new tasking to advanced modeling and simulation capabilities for hypersonic material applications.

As mentioned above in section II, originally purchased the Thermo-Calc software suite in 2015 to simulate thermodynamic, kinetic, and precipitation-based processes related to microstructural evolution in casting, forging, welding, additive manufacturing, and other production processes. The increase of another database will broaden our current materials modeling capabilities within these high-temperature areas through a better understanding of the microstructures formed during processing. The overall Thermo-Calc software suite supports numerous on-going research efforts outside of the ONR efforts, including for PMS 397, PMS 450, and PMS 378/9 research programs. To try to transition to another application is not a practical solution because the upfront cost of a new software would be extremely detrimental and there is no way to convert historical Thermo- Calc software suite simulations into other software packages without completely starting over.

An award to a company other than Thermo-Calc would result in (a) substantial duplication of costs to the U.S. Navy, which would not be recovered through competition, and (b) unacceptable delays in the completion of hypersonic material analysis in support of ONR programs.

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.