REDACTED SSJ.docx

USE OF OTHER THAN FULL AND OPEN COMPETITION LESS THAN SIMPLIFIED ACQUISITION THRESHOLD MEMO

FROM:

CODE:

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)

New 4-year (base year plus 3 one-year options) purchase of the annual license, maintenance and support (M&S) for a floating network license of the MICRESS software suite which includes the TQ, Stress/Strain, Flow, and HOMAT modules for NSWCCD Code . The purchase is needed by Code to continue support of the multi-year ONR-funded Agile ICME program. The MICRESS suite of software tools is used for simulating phase field-based microstructural evolution for various fabrication processes, including welding, casting, rolling, and additive manufacturing (AM). The modules are needed to link to other tools (such as Thermo-Calc) for thermodynamic databases, calculate microstructural stress/strain values, analyze flow in models, and generate material property data of complex alloys. The estimated base year cost of the purchase is $ , and the estimated total contract value is $ , including all options. The annual delivery date requirement for each of the base and option years of the contract is within 15 days of the base award and then annually for each option year contract award.

MANUFACTURER:

ACCESS e.V.

Intzestr 5, D- 52072 Aachen, Germany

RE-SELLER (North America):

Thermo-Calc Software, Inc.

4160 Washington Road, Suite 230 McMurray PA 15317

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.

NSWCCD

Sole

Source/Brand

Name

Justification

SAT

rev

Effective

September

Page of

· 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.

Thermo-Calc is the sole re-seller in North America for the entire MICRESS suite of software tools, thus making the software available from only one source.

Other phase field software packages similar to MICRESS are not available in the commercial marketplace. All U.S.-based tools are home-grown and developed either at academic institutions or national laboratories. Tools such as PRISMS-PF from the University of Michigan or MOOSE from Idaho National Lab (INL) are able to perform some of the functions of MICRESS, but do not possess the background tutorials, support, and other tool integration that MICRESS does, with significantly steeper learning curves. As a result, due to the MICRESS software package’s unique capabilities, as well as the proprietary and specialized nature of its software code, no other source than Thermo-Calc Software can provide the MICRESS suite requirements.

☒ 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.

Thermo-Calc is the only authorized distributor and seller of MICRESS software product licenses in North America.

☒ 3. Other Reasons:

NSWCCD Code performs research, development, testing, and evaluation in the areas of welding, welding- related allied processes, nondestructive testing and evaluation and integrated computational materials engineering in support of the Office of Naval Research, various surface and subsurface acquisition and in-service program offices, and the NAVSEA Technical Warrant Holders for Welding and Fabrication of Submarine Structures, Welding and Fabrication of Surface Ship Structures, Machinery Welding and Fabrication, and Nondestructive Testing and Evaluation. Code also provides engineering and technical support for emergent Fleet needs to include microstructural evolution and modification. The use of simulation software reduces the schedule and cost impacts for the support Code provides to our above-mentioned stakeholders. Code requires the MICRESS suite of software tools to simulate phase field-based microstructural evolution for various fabrication processes, including welding, casting, rolling, and additive manufacturing (AM). The modules are needed to link to other tools (such as Thermo-Calc) for thermodynamic input databases, calculate microstructural stress/strain values, analyze flow in models, and generate material property data of complex alloys.

Code largest simulation effort is the “Agile Manufacturing Integrated Computational Materials Engineering (ICME) Toolkit” (Agile ICME) program funded by the Office of Naval Research (ONR). Code requires purchasing the multi-year options of the MICRESS software suite to continue the support of this multi-year ONR- funded effort, creating an agile ICME toolkit to transform the way the Navy approaches materials-related engineering efforts for schedule and affordability enhancements.

Code requires the purchase of a multi-year procurement of the MICRESS software package. The impact of not soliciting a current year and out-years renewal of the MICRESS software suite is that Code will not be able to maintain continuity to support the on-going Agile ICME program or connect with other Navy facilities using the same tools. An award to a company other than Thermo-Calc Software would result in (a) substantial duplication of costs to the U.S. Navy, which would not be recovered through competition, and (b) unacceptable delays in the completion of welding simulations in support of ONR programs.

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.