REDACTED Sole Source Justification.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)

GHS by Creative Systems is a PC Based Software that enables the simulation of marine craft in fluids and specifically allows the calculation of hydrostatics and assessment of stability criteria under various loading conditions, permits the tracking of inputs and outputs and allows formatting of visual figures and text for reports.

MANUFACTURER: Creative Systems, Inc ADDRESS: PO Box 1910

PHONE: 360 385-6212

POC: Colin Aiken email: support@ghsport.com

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

GHS by Creative Systems is not available on a BPA or GSA Advantage

· 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).

· 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.

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.

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

☒ 3. Other Reasons: Software allows weights and volumes of load items to be assigned. Software uses a common coordinate system and is specifically intended to manage the hydrostatic simulations for marine craft and structures. System enables probabilistic assessments of damage conditions. Software allows assignment of heeling moments and other conditions that effect the reactions required to be calculated to assess the stability of the craft. System allows management of assigned load cases for the active management of underway and salvage craft stability. Software must be able to be run on non-networked standalone computers in order to support all of our customers and workload.

GHS by Creative Systems is a broadly used and commonly accepted tool for our maritime industry, and it is critical to the success of the Navy to manage the stability assessments of all of our craft. Many of our contractors use GHS to perform our required work, even when this is not specified. While other tools exists to perform elements of the required needs, there are not stand alone products that perform all of the required calculations, inputs and outputs in the same reliable method and format. There are no other resellers of this software. Therefore, in accordance with FAR 13.106-1(b)(1)(i) the circumstances of this contract action deem only one source to be reasonably avail