Sole Source Justification Tecplus_Redacted.pdf

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

USE OF OTHER THAN FULL AND OPEN COMPETITION LESS THAN

SIMPLIFIED ACQUISITION THRESHOLD MEMO

FROM:

CODE: Code 1041 SUBJECT: Sole Source

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)

This purchase is for the Annual TecPLUS ( ) Maintenance renewal (Previous Contract: N0016719P0053), engineering software that is currently in use at NSWC Carderock Division’s Ship Engineering and Analysis Technology Center (SEATech). The license period is from 1 June 2022 through 31 May 2023, therefore the required delivery date is 20 May 2022. This is a requirement due to the installation and troubleshooting necessary to get the new licenses working prior to the existing licenses expiring 31 May 2022. Without this, the engineers and naval architects will be at a work stoppage.

MANUFACTURER: Tecplot, Inc.

ADDRESS: 3535 Factoria Blvd, SE, Suite 550, Bellevue, WA 98006

PHONE: 425-460-8243

POC: San Lian

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:

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

B. SOLE SOURCE (select all that apply)

This purchase is for the Annual TecPLUS ( ) Maintenance renewal (Previous Contract: N0016719P0053), engineering software that is currently in use at NSWC Carderock Division’s Ship Engineering and Analysis Technology Center (SEATech). The license period is from 1 June 2022 through 31 May 2023, therefore the required delivery date is 20 May 2022. This is a requirement due to the installation and troubleshooting necessary to get the new licenses working prior to the existing licenses expiring 31 May 2022. Without this, the engineers and naval architects will be at a work stoppage.

The estimated value for one base year is Delivery is required by 20 May 2022.

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.

Tecplot 360 is proprietary software. Per Tecplot, Inc., letter dated 16 December 2019 “Tecplot, Inc. is the software developer and manufacturer of Tecplot software products. Tecplot, Inc. is the sole supplier/agent for Tecplot Licenses and handles all direct sales in the USA and Canada. There are no agents, dealers, retailers, or distributors authorized to represent these products…”

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.

In accordance with FAR 6.302-1(b)(1) and (b)(2), Tecplot, Inc., offers “unique supplies available from only one source” and the existence of proprietary rights exist, therefore Tecplot, Inc. is the “only responsible source and no other supplies or services will satisfy the agency requirements.” Please see attached document 7.1a.

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