REDACTED Sole Source.docx

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

FROM: CODE: 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) NSWCCD Code requests the purchase of a software update for multiple licenses of General Hydrostatics (GHS) software for one base year. NSWCCD has used this software for several years to evaluate the hydrostatic stability of amphibious vehicles. Software maintenance service must be purchased to make certain that NSWCCD can continue to support of submarines and surface ships into the future. The software M&S therefore must remain good until 12/31/2024

The proposed schedule is as follows with proposed estimated total cost of $ plus Base Year: 01/01/2024 to 12/31/2024 - $

MANUFACTURER: Creative Systems, Inc. ADDRESS: Port Townsend, WA 98368 USA PHONE: 360 385-6212 EMAIL: support@ghsport.com POC: Colin Aiken

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, NSWCCD Sole Source/Brand Name Justification SAT rev 1 Effective September 2020 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: N/A

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: A search for other hydrostatic software packages was done by web search and with consultation with engineers from Code . There are many software packages commercially available for hydrostatic analysis (ex. HECSALV, Orca3D, DELFTship, etc.) however, GHS is the primary software package that is compatible and proven to work on an amphibious vehicle. GHS is known to work for our application. We currently have it and we have years of geometry files generated as .gf files, the file format used with GHS. In addition, Ship Yards utilize this software and format which sustains a seamless communication highway with the data from the ship yards. If a new software package did exist, the cost of implementing it would greatly exceed the cost of extending the M&S for GHS. To become proficient with new hydrostatic software would take several weeks at minimum, and many more to run test cases and to generate the geometry files that have already been created for GHS. Optimistically, this would take no less than one year. Since another suitable software package cannot be identified, the cost of not renewing M&S for GHS would result the eventual inability to complete our tasking. The consequential cost would be even greater but difficult to quantify.

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.

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