SSJ_Redacted.pdf

U.S. Department of Navy Naval Research Laboratory Small Purchase Branch

USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN ACQUISITION UNDER

THE SIMPLIFIED ACQUISITION THRESHOLD – (exceeding $10,000 $250,000)

Purchase Request No.

Estimated Cost (including options, if any)

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 (e.g., urgency, exclusive licensing agreements, brand name or industrial mobilization).

As required by FAR 13.106 3(b)(3)(i), this justification 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.

DESCRIPTION OF ITEM OR SERVICE: (Provide a description of the item or service required, to include its intended use, the name of the required source or brand name, and the required delivery date/period of performance.)

THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

A. ONLY ONE RESPONSIBLE 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. (Explain what rights are restricted, why the restrictive rights make the required item or service available from only one source, and why another company could not satisfy the Government’s need.)

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. (Identify the OEM and explain the circumstances surrounding why the item or service is only available from the OEM).

1301025772

Description: Altair Software Units; Multi-Physics/Mechatronics Level

Required Source: Altair Engineering, Inc. (CAGE 1F7F6)

Period of Performance/Required Delivery: 12 months

There is only one official technical representative for this small purchase request, which is the company itself, Altair Engineering (OEM). On 23 September 2022, Raymond DelDin, Altair Senior Manager-Maritime Sale, confirmed via email that Altair does not have any authorized resellers.

Altair Software Units are being purchased to unlock the commercial software that is solely proprietary to the OEM. Altair also provides maintenance & support when purchasing their software from them, which is required for technical issues that inevitably arise and a reseller would not be able to provide. These findings are made evident from my own technical expertise over many years in antenna modeling & simulation, for which these Software Units will be used for.