Redacted Sole Source Justification_Altair_FY23.pdf

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

USE OF OTHER THAN FULL AND OPEN COMPETITION LESS THAN

SIMPLIFIED ACQUISITION THRESHOLD MEMO

FROM:

CODE: Code 651 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

Purchase the renewal of Altair Simulation (formerly HyperWorks) annual software licenses, including technical support for the Division 65/661/664 at NSWC Carderock Division (NSWCCD), as follows:

1 - maintenance for 64 Altair HyperWorks Units for Code 65 2 - one-year lease for 1 seat of Pre/Post Processor and Solver Promotion conversion for Code 65 3 - one-year lease for 4 seats of Pre and Post Processor Promotion conversion for Code 65 4 - one-year lease for 4 seats of Pre and Post Processor Promotion conversion for Code 6610 5 - one-year lease for 2 seats of Pre and Post Processor Promotion conversion for Code 6640

Purchase the renewal of Altair Similation (formerly HyperWorks) software licenses and leases to include base year and option-year renewals. Base year renewals is 8/1/2023 � 7/31/2024, and the option year renewals is 8/1/2024 � 7/31/2025.

MANUFACTURER: Altair Engineering, Inc.

ADDRESS: 1820 East Big Beaver, Troy, MI 48083

PHONE: 412-366-3575

POC: Ray DelDin

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.

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

2. Exclusive Licensing Agreements:

3. Other Reasons:

B. SOLE SOURCE

1. Restrictive Rights:

The required renewals for Altair Simulation (formerly Hyperworks) are available from any other source.

Competition is not feasible because Altair Engineering is the sole developer of Altair Simulation (formerly HyperWorks) software and the sole provider of annual license leases listed in para 1, above.

NSWCCD Codes 65 Structures and Composites and Code 66 Survivability and Weapons Effects Division engineers have been using Altair Simulation (formerly HyperWorks) software and is required to continue collaboration among NSWCCD 65/661/664, and between other Warfare Centers, contractors, and customers.

2. Exclusive Licensing Agreements: The item or service is only available from the Original Equipment Manufacturer (OEM). The required renewals are only available through Altair Engineering. Market research was conducted and it was verified that Altair Engineering, Inc. is the sole provider of all AU-ME-STD--MNT (formerly sold-as HWU-STD-AN), PP-PROMO-AN Conversion, and PPS-PROMO-AN Conversion products.

Note that contracting with Altair (formerly HyperWorks) is subject to and governed by the current Altair Engineering Inc., Software License Agreement terms and conditions, except in the event that the NSWCCD has a valid Master Software License Agreement with a version date of Dec-2007 or later (�Master SLA�) on file with Altair�s corporate headquarters. In which case, use of the Altair software acquired is subject to and governed by such a Master SLA. Please see attachment, Altair and NSWCCD License Agreement of 24 Oct 2014.

3. Other Reasons: Altair Simulation (formerly HyperWorks) was previously purchased for Codes 65/661/664 via FY21 contract N00167-21-P-0126 and FY20 contract N00167-20-P-0219.

Market research was conducted on GSA advantage and NASA SEWP websites for listed promotional packages (part listed PP-PROMO-AN Conversion and PPS-PROMO-AN Conversion), and it was verified that there are no resellers of these products. Market research was conducted for part name AU-ME-STD-MNT (formerly sold-as HWU-STDAN) listed in line item 1 of the table, para 1, above, and there are no GSA resellers and two NASA SEWP resellers. While annual maintenance renewal for �HyperWork Units maintenance� is available from two NASA SEWP vendors, only Altair Engineering offers software listed as �PPSPromo- AN conversion� and �PP- Promo-AN conversion� that are 12 seats of HyperMesh as listed in lines 2-5 of the table, para 1, above. The combined 64 Standard HyperWorks Units represent 3 seats of HyperMesh. These �PPS-Promo-AN conversion� and �PPPromo- AN conversion� leases are less than 50% of the standard lease prices and are not offered by any other reseller of HyperWorks software. Altair Engineering Inc.�s, products listed in line items 2-5 of the table, para 1, above are unique to the software manufacturer and there are no authorized resellers of these licenses.

Therefore, in accordance with FAR 13.106-1(b)(1)(i) the circumstances of this contract action deem only one source reasonable available.