Redacted_Sole Source Justification Memo-Hyperworks.pdf

NSWCCD SAP Non-Competitive Procurement Justification Memo Effective April 2025

MEMORANDUM FOR FILE

FROM:

CODE: 7201

TO: Code 02

DATE: 1 JUL 2025

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

Naval Surface Warfare Center, Carderock (NWSCCD) Code 7200 requires the procurement of HyperWorks software and maintenance to continue support and upgrade services related to previous purchase history of HyperWorks (N0016723P0163 & N0016724P0176) tokens as well as obtain its unique Finite Element Analysis (FEA) software capabilities. This purchase consists of

1. Maintenance on 252 tokens

2. Subscription of 8 dongle licenses

3. Purchase of 32 additional perpetual tokens

Period of Performance will be 1 August 2025-31 July 2026. 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 M 412-258-5658

EMAIL: rdeldin@altair.com

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.

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 $500k in revenue.

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.

NSWCCD, Code 7200 currently utilizes the HyperWorks software and has identified unique combinations of features that support 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. The effort required to retrain our staff and recreate previous analytical solutions for comparison to new solutions is not productive or cost effective. Therefore, procurement of HyperWorks from Altair Engineering is required to maintain compatibility with current environment.

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.