Redacted Sole Source Justification_ Hyperworks FY24.pdf

USE OF OTHER THAN FULL AND OPEN COMPETITION LESS THAN

SIMPLIFIED ACQUISITION THRESHOLD MEMO

FROM:

CODE: 7201

SUBJECT: Sole 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

Code 7200 requires the procurement of HyperWorks software and maintenance to continue support and upgrade services related to previous purchase history of HyperWorks (N0016723P0163) tokens as well as obtain its unique Finite ElementAnalysis (FEA) software capabilities. This purchase consists of

1. Maintenance on 210 tokens

2. Subscription of 8 dongle licenses

3. Purchase of 42 additional perpetual tokens

Period of Performance will be 1 August 2024-31 July 2025. The estimated cost of this procurement is

MANUFACTURER: Altair Engineering Inc.

ADDRESS: 1820 East Big Beaver, Troy, MI 48083 POC : Ray Deldin

PHONE: 412-366-3575

EMAIL : rdeldin@altair.com

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.

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.

Altair Engineering is the sole developer of the HyperWorks software package and has no authorized reseller to the Government. Altair limits resellers to corporations with less than in revenue. Altair considers the U.S.

Navy to have more than in revenue.

3. Other Reasons: NSWCCD, Code 7200 currently utilizes the HyperWorks software and has identified unique combinations of features that supports geometry imports, FEA models, automated re-meshing of imported shell element models, and others. Deviation from use of this software will create disruption and delayed productivity and additional costs and man hours to identify and learn use of an alternative software program.

C. LIMITED SOURCE (FAR 8.405-6):

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:

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.

Customer/Requestor Signature Name / Title / Phone Date

First Line Supervisor Signature Name / Title / Phone Date

B. Certification/Approval per FAR 13.501: Upon the basis of the above justification, I hereby approve the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304(c).

Contracting Officer Signature Name / Title / Phone Date