SOLICITATION NOTICE
D -- Software License Annual Renewal
- Notice Date
- 9/8/2014
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 541519
— Other Computer Related Services
- Contracting Office
- Department of Commerce, National Institute of Standards and Technology (NIST), Acquisition Management Division, 100 Bureau Drive, Building 301, Room B130, Gaithersburg, Maryland, 20899-1410, United States
- ZIP Code
- 20899-1410
- Solicitation Number
- SB1341-14-RQ-0599
- Archive Date
- 9/22/2014
- Point of Contact
- Cheryl S. Rice, Phone: 3019755935, Divya Soni, Phone: 3019756394
- E-Mail Address
-
cheryl.rice@nist.gov, divya.soni@nist.gov
(cheryl.rice@nist.gov, divya.soni@nist.gov)
- Small Business Set-Aside
- Total Small Business
- Description
- This is a combined synopsis/solicitation for commercial items prepared in accordance with the Federal Acquisition Regulation (FAR) format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This solicitation is being issued in conjunction with FAR Part 13 - Simplified Acquisition Procedures, as applicable. This solicitation is issued as a Request for Quote (RFQ). The solicitation number is SB1341-14-RQ-0599. The solicitation document and incorporated provisions and clauses in effect through the Federal Acquisition Circular (FAC) FAC 2005-76, dated August 25, 2014. The associated North American Industry Classification System (NAICS) Code is 541519 - Other Computer Related Services (Information Technology Value Added Resellers); Small Business Size Standard is 150 in number of employees. The solicitation is a set-aside 100% for small businesses. The National Institute of Standards and Technology intends to issue a Firm-Fixed Price purchase order as a result of this solicitation. This is a brand name requirement for Livermore Software Technology Corporation (LSTC) product. LSTC is the only developer of LS-DYNA, and the company has proprietary rights. The license is required for continuation of multiple research projects in NIST operating unit divisions Material Measurement Laboratory, Engineering Laboratory, and Information Technology Laboratory. LS-DYNA is the only package that offers full compatibility with the following items developed for these projects: 1) large number of existing finite element model input files; and 2) large number of output files containing results of finite element analyses. All offerors shall provide a quotation for the following: SUPPLIES OR SERVICES AND PRICES/COSTS, contract line item number (CLIN) 0001 - 46 CPU Core Annual License for the Livermore Software Technology Corporation (LSTC) LS-DYNA Finite Element Software to support multiple research projects The license renewal shall include technical support, machine changes, and software upgrades. Quantity: 46. The place of performance address is: National Institute of Standards and Technology (NIST), Building 301, Shipping and Receiving, 100 Bureau Drive, Gaithersburg, MD 20899-0001, M/S: 8631. Period of Performance: October 1, 2014 through September 30, 2015. Provisions and Clauses: The clause at 52.212-4, Contract Terms and Conditions-Commercial Items (MAY 2014), applies to this acquisition. The following addenda have been attached to the clause. The following FAR clause, incorporated by reference, applies to this acquisition. FAR clauses and provisions can be obtained at http://acquisition.gov/far/index.html. 52.204-7 System for Award Management (JUL 2013) The following NIST Local clauses apply and are provided in full text: NIST LOCAL-04 BILLING INSTRUCTIONS (a) NIST prefers electronic Invoice/Voucher submissions and they should be emailed to INVOICE@NIST.GOV. (b) Each Invoice or Voucher submitted shall include the following: (1) Contract Number. (2) Contractor Name and Address. (3) Date of Invoice. (4) Invoice Number. (5) Amount of Invoice and Cumulative Amount Invoiced to-date. (6) Contract Line Item Number (CLIN). (7) Description, Quantity, Unit of Measure, Unit Price, and Extended Price of Supplies/Services Delivered. (8) Prompt Payment Discount Terms, if Offered. (9) Any other information or documentation required by the contract. (c) In the event electronic submissions are not used, The Contractor shall submit an original invoice or voucher in accordance with the payment provisions of this contract to: NIST: Accounts Payable Office 100 Bureau Drive, Mail Stop 1621 Gaithersburg, MD 20899-1621 NIST LOCAL-10 DELIVERY INSTRUCTIONS Contractor shall coordinate delivery (including installation and training if applicable) with the Technical Information Contact identified herein. (END OF CLAUSE) FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (JUL 2014) including subparagraphs: 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards 52.219-6, Notice of Total Small Business Set-Aside; 52.219-13 Notice of Set-Aside of Orders 52.219-28, Post Award Small Business Program Representation; 52.222-3, Convict Labor; 52.222-19, Child Labor-Cooperation with Authorities and Remedies; 52.222-21, Prohibition of Segregated Facilities; 52.222-26, Equal Opportunity; 52.222-36, Affirmative Action for Workers with Disabilities; 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving; 52.225-3 Alt I -- Buy American -Free Trade Agreements - Israeli Trade Act 52.225-13, Restrictions on Certain Foreign Purchases; 52.232-33, Payment by Electronic Funds Transfer-System for Award 52.247-34 - F.O.B. Destination (END OF CLAUSE) The provision at FAR 52.212-1 - Instructions to Offerors - Commercial Items (APR 2014) applies to this solicitation. The provision at FAR 52.212-2 - Evaluation - Commercial Items (JAN 1999) is applicable to this solicitation. The specific evaluation criteria to be included in paragraph (a) of that provision are as follows: (a) The Government will award a purchase order resulting from this solicitation to the responsible offeror whose offer is lowest price technically acceptable. The following factors shall be used to evaluate quotes: (i) Technical - The offeror shall be an authorized reseller of LSTC, capable of providing technical support, machine changes, and software upgrades on behalf of LSTC; (ii) Price (b) Options: N/A (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. The provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (MAY 2014) applies to this acquisition. An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at: https://www.sam.gov/portal/public/SAM/#1. Commerce Acquisition Regulations - 1352.102 Incorporated in full text. 1352.201-70 CONTRACTING OFFICER's AUTHORITY (APR 2010) The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.(End of clause) 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010) The contractor shall comply with all applicable laws, rules and regulations which deal with or relate to performance in accord with the terms of the contract. (End of clause) 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010) (a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors: (1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and (2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract. (b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as "contractor") in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both. (c) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors. The contractor warrants that, to the best of the contractor's knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor's impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest. (d) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract. (e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold. The terms "contract," "contractor," and "Contracting Officer" shall be appropriately modified to preserve the Government's rights. (f) Prime Contractor Responsibilities. The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507-1, and shall determine in writing whether the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the contract to the satisfaction of the Contracting Officer. If the subcontractor's organizational conflict cannot be avoided, neutralized, or mitigated, the contractor must obtain the written approval of the Contracting Officer prior to entering into the subcontract. If the contractor becomes aware of a subcontractor's potential or actual organizational conflict of interest after contract award, the contractor agrees that the Contractor may be required to eliminate the subcontractor from its team, at the contractor's own risk. (g) Waiver. The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the contractor may at any time seek a waiver from the Head of the Contracting Activity by submitting such waiver request to the Contracting Officer, including a full written description of the requested waiver and the reasons in support thereof. (End of clause) The Government intends to make a single purchase order award but reserves the right to make no award as a result of this request for quotation. Award shall be made to the offeror whose offer provides the lowest price technically acceptable quote. Offerors that fail to complete the required representations and certifications, or reject the terms and conditions of the solicitation, may be excluded from consideration. All responsible sources are encouraged to submit a quote, which if received timely, shall be considered. Quote shall reference solicitation number SB1341-14-RQ-0546. Quotes are due on or before September 17, 2014, 3:00 PM, EST and shall be submitted by email to: Cheryl.rice@nist.gov For information regarding this solicitation, please contact Cheryl Rice at (301) 975-5935.
- Web Link
-
FBO.gov Permalink
(https://www.fbo.gov/spg/DOC/NIST/AcAsD/SB1341-14-RQ-0599/listing.html)
- Place of Performance
- Address: 100 Bureau Drive, Gaithersburg, MD 20899-0001, Gaithersburg, Maryland, 20899, United States
- Zip Code: 20899
- Zip Code: 20899
- Record
- SN03500059-W 20140910/140909021917-48a271886a73236f8f339d9a57cbfdac (fbodaily.com)
- Source
-
FedBizOpps Link to This Notice
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