Sole Source Justification Signed_Redacted.pdf

JUSTIFICATION FOR SOLE SOURCE PROCUREMENT (OPEN

MARKET OR GSA) UNDER $250,000

Sole source acquisitions may be used on a limited basis and only when the Contracting Officer’s Representative (COR)/Program Official has provided sufficient justification and the Contracting Officer has determined that the circumstances warrant such action. The content for a justification must contain detailed facts and rationale to justify the sole source acquisition. Soliciting from a single source must be done in accordance with FAR 13.106-1(b) or 8.405-6. At a minimum, the following information must be included:

Identification of Program Office, Contracting Activity, and Proposed Requirement, Justification and Program Office Certification:

A. Program Office:

NIOSH/HELD/PERB

1095 Willowdale Road

MS L-2027

Morgantown WV 26505

B. Contracting Activity:

Centers for Disease Control and Prevention Office of Financial Resources Acquisition Branch #5

C. Identification of Requirement:

1. Nature of Action to be Approved by Contracting Officer: Sole Source

a. Sole source acquisition of: Purchase of the License and Support Services of the finite element software package ABAQUS.

b. Procurement Request (PR) Number (if available): Click here to enter text.

2. Proposed Vendor and Estimated Procurement Amount (if available):

a. Proposed Vendor:

Dassault Systemes Government Solutions Corp, 175 Wyman Street, Waltham, MA Ph# +1 77 4843 6752

b. Estimated Procurement Amount:

3. Is the requirement on GSA Schedule? Yes No If yes, provide schedule number:

Rev. 5/14/19

Rev. 10/15/18 D. Justification:

1. The justification for this non-competitive action is: (NOTE: Must select only ONE of the listed justifications for other than full and open competition and fully support the justification in the following paragraphs. Please delete this note prior to submitting the justification.)

In accordance with FAR 13.106-1(b)(1), “only one source [is] reasonably available” which states that, “For purchases not exceeding the simplified acquisition threshold. (i) 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 (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization). (ii) Where a single source is identified to provide a portion of a purchase because that portion of the purchase specifies a particular brand-name item, the documentation in paragraph (b)(1)(i) of this section only applies to the portion of the purchase requiring brand-name item. The documentation should state it is covering only the portion of the acquisition which is brand- name.”

Urgency Exclusive licensing agreements/Proprietary data Brand name required Industrial mobilization Other (e.g., compatibility, space issues, continuity, etc.)

In accordance with FAR 8.405-6 “Limiting Sources” which states that, “the only circumstances that may justify the action are – (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-up 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 BPA must not have been previously issued under sole-source or limited-sources procedures.”

Urgency Only One Source Logical Follow Up Brand name required

2. Other facts supporting sole source procurement:

a. What can this product/service do that other products/services cannot do?

In the studies of sophisticated problems related to work-related injuries and safety, we frequently need to numerically simulate and analyze complex models that require non-linear finite element software capable of handling: 1) highly non-linear materials; 2) large deformation challenges; 3) nonlinear, biphasic, and triphasic materials; 4) thermal-mechanical interactions during vibration;

5) contact issues involving nonlinear, biphasic, viscous materials; 6) the flexibility to incorporate user-defined constitutive models. There are various non-linear finite element software options available on the market that can address some of the requirements mentioned above. However, Abaqus stands out as the sole software that meets our full requirements and can effectively solve sophisticated problems encompassing all these factors concurrently. Abaqus enjoys widespread acceptance within the biomedical engineering community for computer simulations.

For the past 25 years, we have utilized the non-linear finite element software program ABAQUS to simulate a range of complex engineering and biological challenges, including vibration transmissibility, soft tissue injuries, and intricate structural stability. We are pleased with ABAQUS's performance. However, we currently possess an outdated ABAQUS license (version 6.9) that is 18 years old and incompatible with modern computer systems.

b. What other products/services were considered and why did they not meet the need?

Rev. 5/14/19

During market research we evaluated several finite element analysis software, and only two were able to at least partially fulfill our requirements: COMSOL and ABAQUS. We have previously acquired licenses for COMSOL and evaluated their effectiveness in addressing our challenges. We established that COMSOL software solutions could NOT resolve the complex issues we are required to deal with. Abaqus stands out as the only finite element software that can effectively simulate our challenge problems.

Therefore, no other products or services were considered capable of meeting the Government’s requirement, other than the selected: ABAQUS.