SOLE SOURCE REDACTED.docx

MEMORANDUM FOR FILE

FROM:

CODE:

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)

The Autodesk AutoCAD and Production Mfg Collection applications are used by the Combatant Craft Engineering Technology Center Lab # 358 personnel to create, edit and publish boat & craft drawings and models on RDT&E computers in the course of tasking for Code customers.

This purchase is to deliver a year of maintenance, support, and access to updated Autodesk software via the Autodesk distribution and licensing web site.

MANUFACTURER:AUTODESK

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.

NSWCCD Sole Source/Brand Name Justification Under SAT Rev 3 Template Effective February 2023

· 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.

· 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:

☒ 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.

AutoCAD, Nastran, and Production Manufacturing Collection (previously aka Production Design Suite) all contain proprietary language and are trademarked by Autodesk.

· 2. Exclusive Licensing Agreements: The item or service is only available from the Original Equipment Manufacturer (OEM).

☒ 3. Other Reasons: Of our 15 most common suppliers, 100% utilize Autodesk products to prepare drafting for the US Navy and our other DoD customers. The subcontractors on contract to support our ship yard repair services all utilize Autodesk products to perform those tasks. Statements similar to “All drawings shall be submitted in both AutoCAD V2022 (*.dwg), and Adobe Acrobat (*.pdf) format” are included in contract language to ensure deliverables are exactly what is needed and expected to design, build, and modify Navy boats & craft. This standard format can then be utilized with existing CAM (Computer Aided Manufacturing) tooling to produce parts to exacting standards needed for a cost effective lifecycle for boats and craft. These Autodesk products are “essential to the Government’s requirements, thereby precluding consideration of a product manufactured by another company”

Research online showed no other manufacturers are able to provide similar software that would be compatible or comply with the government’s requirements and provide the required format for the design, build and modification of Navy boats & craft.

Available on GSA contract N66001-19-A-0051.

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.