REDACTED Sole Source.docx

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

FROM:

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) Cadence Pointwise is a pre-processing mesh generation software with the ability to generate high quality, block- to-block, elliptically solved, structured-overset meshes The Computational Fluid Dynamics Division Code requires four CFD110 pointwise licenses for a period of 1 year from contract award.

Manufacturer Address:

213 South Jennings Avenue Fort Worth, Texas 76104-1107

The estimated value of the software is $ .

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

The Computational Fluid Dynamics Division (Code ) at the Naval Surface Warfare Center Carderock Division (NSWCCD) is currently funded to provide analysis on several varied naval vehicle requirements, including the maneuvering of a UUV, and various submarine hull analyses. Cadence’s Pointwise is an integral tool that enables Code to accomplish these analyses to meet the mission and sponsor requirements. In addition to Code ’s use of the software for fluid analysis needs.

If Pointwise is replaced with another, less adequate solution, there will be several negative effects not limited to Code . First and foremost, there will be an immediate need to re-baseline all current projects that depend on meshes previously generated by Pointwise. All work that has been completed to date using this software is not transferrable between mesh generation codes. This means that all project setups and results will be unusable going forward and all work would have to be completely redone to obtain any new results. The cost of this point alone could range from the tens of thousands to the hundreds of thousands of dollars depending on the complexity of the specific project. Individual projects that would be impacted include but are not limited to: Columbia Class, SSN(x), Virginia Class, Various UUVs, and CREATE.

NSWCCD Sole Source/Brand Name Justification ≤ SAT rev 1 Effective September 2020

· 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.

Item required must be a brand name product, or feature of a product, particular to one manufacturer. Pointwise is the only distributor of the product.

In accordance with FAR 6.302-1(b)(2) “the existence of limited rights in data, patent rights, copyrights, or secret processes, or similar circumstances make the supplies and services available from only one source.”

· 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: The combination of the state-of-art technologies in multiphase flow, submarine and surface ship maneuvering and battery analysis and robust grid generation tool, make STAR-CCM+ the unique and irreplaceable CFD software for Navy applications. Using other software will not only significantly delay service delivery but also reduce the quality of our service to the NAVY.

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.