REDACTED Sole Source Justification.docx

MEMORANDUM FOR FILE

FROM:

CODE:

TO: Code 02

DATE:

SUBJECT: Non-Competitive Procurement Justification Memo for Actions Under 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 allows for limiting sources for orders or BPAs under Federal Supply Schedules under certain circumstances or for items peculiar to one manufacturer

3. As required by FAR 13.106-3(b)(3)(i), FAR 8.405-6(a)(1), or FAR 8.405-6(b)(2), 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.

II. DESCRIPTION OF ITEM OR SERVICE (Include manufacture/sole source name and address.) NSWCCD Code requests the 1-Year renewal of Pointwise annual software maintenance and support service. NSWCCD has utilized Pointwise for over 20 years in the design and development of submarine maneuvering simulation software. The software maintenance service must be purchased to meet the project schedules by May 31, 2026 with a new period of performance ending May 31, 2027.

The estimated price for this procurement of 1-Year Pointwise support is $ . Previous Purchase Order No. N0016724P0087 Manufacturer: Cadence Design Systems, Inc. Address: 2655 Seely Avenue, San Jose, CA 95134 Phone: 408-428-5071 POC: Gwendalynn Betts

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

· A. BRAND NAME. The 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 SAP Non-Competitive Procurement Justification Memo Effective April 2025

· 2. Exclusive Licensing Agreements. The item or service is only available from the Original Equipment Manufacturer (OEM).

· 3. Federal Supply Schedule (FSS) IAW FAR 8.405-6(b).

· 4. 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.

Pointwise software is used to generate three dimensional body fitted meshes for Computational Fluid Dynamic (CFD) simulations. NavyFOAM developed by code and IFLOW developed by code are the major CFD software used in Code . IFLOW has been integrated with submarine Maneuvering and Control Simulation (MCSIM) tool. The CFD simulations can provide detailed flow field around the submarine hull and appendages, and forces and moments on the hull and control surfaces. The detailed hydrodynamic characteristics obtained by CFD are used to improve physics-based modeling in MCSIM. Pointwise software is used to generate hull profiles, which are directed used by conformal mapping method in MCSIM to simulate non-traditional hull shape. There is no other commercial software compatible with Pointwise. It takes over to re-generate over a hundred of existing hull meshes using alternative software tool if available. Acquisition and implementation of an alternative set of software tools would not be cost effective and feasible. As with any software company, Cadence Design Systems owns all proprietary rights to Pointwise and does not has any authorized reseller of their products and services. Only Cadence Design Systems can provide Pointwise software license, subscription, and maintenance renewal due to proprietary rights. Therefore, in accordance with FAR 13.106-1(b)(1)(i) the circumstances of this contract action deems only one source to be reasonably available

· 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.

· 4. Federal Supply Schedules (FSS): IAW FAR 8.405-6(a)(1)

· a. An urgent and compelling need exists, and following the procedures would result in unacceptable delays;

· b. Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized; or

· c. In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order or BPA must not have been previously issued under sole-source or limited-sources procedures.

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.

B. Certification/Approval: Upon the basis of the above justification and authority, I hereby approve the solicitation of the proposed procurement(s) described herein from a sole source or limited sources,.