Loren Data Corp.

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COMMERCE BUSINESS DAILY ISSUE OF FEBRUARY 2,1999 PSA#2274

National Institute of Standards & Technology, Acquisition & Assistance Div.,100 Bureau Drive Stop 3572, Bldg. 301, Rm B117, Gaithersburg, MD 20899-3572

70 -- SOFTWARE LICENSE CONVERSION TO TOKEN LIBRARY AND MAINTENANCE SOL 53SBNB960024 DUE 020499 POC Anita Tolliver, Contract Specialist, 301-975-6308; Sandra Febach, Contracting Officer, 301-975-6326; Fax 301-963-7732 WEB: NIST Contracts Homepage, http://www.nist.gov/admin/od/contract.htm. E-MAIL: NIST Contracts Office, Contract@nist.gov. The National Institute of Standards and Technology (NIST) intends to negotiate with Molecular Simulations, Incorporated on a sole source basis under the authority of FAR Part 13.501(a) for the conversion of existing licenses to Token Software Library licenses with maintenance and maintenance for existing licenses that shall not be converted. The existing licenses were obtained either from Molecular Simulations or Biosym that merged into one company and, therefore, now are only available from Molecular Simulations. This is a combined synopsis/solicitation in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement is being issued using simplified acquisition procedures, under the authority of the test program for certain commercial items cited in FAR Subpart 13.5, Test Program for Certain Commercial Items. This announcement constitutes the only solicitation; a written quotation is being requested from Molecular Simulations anda written solicitation will not be issued. The solicitation number 53SBNB960024 is issued as a Request for Quotation (RFQ). The Contract Line Item Numbers (CLIN), quantities, and unit of issue are as follows: Base Year for a performance period of twelve months from date of award: CLIN 0001, Token Software Library licenses -- 12 pack annual licenses; Qty. 12 each. CLIN 0002, Active license trade-in towards Token Software Library licenses. The following software licenses shall be converted to Token Software Library licenses: C2-Visualizer, C2-Crystal Builder, C2-Surface Builder, C2-Amorphous Builder, C2-Polymer Builder, C2-Interface Builder, C2-Diffraction Crystal, C2-Diffraction Amorphous, C2-Gaussian Interface, Insight II-LS or -MS, Solids Builder, and Felix-ND; Qty. one each. Once the Solids Builder and Felix-ND are converted to the Token Software Library, their maintenance coverage shall be current and they shall be considered active licenses. CLIN 0003, Inactive licenses to Token Software Library: The following software licenses shall be reinstated and converted to token licenses: Discover, Biopolymer, and Decipher. Once converted to the Token Software Licenses, the reinstated licenses shall be active and current. CLIN 0004, Maintenance for the remaining seven (7) Insight II-LS floating licenses; Qty. one year. Deliverables shall be in CD form for the latest releases and the token license permitting access to the software shall be emailed to the Government and all shall be provided within seven (7) days after receipt of order. This requirement is for the Government to determine if the Token Software Library licenses will meet its needs. Therefore, the Government cannot at this time determine the exact number of tokens that may meet its needs. If the Government requires additional tokens, then this order will be modified accordingly. In addition, the CLINs 0005-0008 and CLINs 0011-0014 for the option years will also be modified accordingly. Option Period I for 12 months after the expiration of the Base Year: CLIN 0005, Annual License for Tokens for 12 months; Qty. 12 each. CLIN 0006, Annual maintenance for remaining 7 Insight II-LS floating licenses, Qty. 1 year. Option Period II for 12 months after the expiration of Option Period I: CLIN 0007, Annual License for Tokens for 12 months; Qty. 12 each. CLIN 0008, Annual maintenance for remaining 7 Insight II-LS floating licenses, Qty. 1 year. CLIN 0009, Renew license for Insight II-LS and -MS which expires in the Year 2002; Qty. 1 each. CLIN 0010, Renew license for Discover, which expires in the Year 2002; Qty. 1 each. Option Period III for 12 months after the expiration of Option Period II: CLIN 0011, Annual License for Tokens; Qty. 12 each. CLIN 0012, Annual maintenance for remaining 7 Insight II-LS floating licenses, Qty. 1 year. Option Period IV for 12 months after the expiration of Option Period III: CLIN 0013, Annual License for Tokens, Qty. 12 each. CLIN 0014, Annual maintenance for remaining 7 Insight II-LS floating licenses, Qty. 1 year. CLIN 0015, Renew license for Felix ND which expires in the Year 2004; Qty. 1 each. For exercising the options, the Government may extend the term of this contract by written notice to the Contractor within 30 days before the expiration of the contract. The Government will evaluate the options for price reasonableness. The Government may determine the offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). The applicable Standard Industrial Classification Code is 7372, with a size standard of $18 million, however this action is unrestricted. The clause at FAR 52.212-1, Instructions to Offerors -- Commercial Items applies to this acquisition. The clause at FAR 52.212-2, Evaluation -- Commercial Items applies to this acquisition and the quote will be evaluated for price reasonableness. The clause at 52.212-4, Contract Terms and Conditions -- Commercial items, applies to this acquisition. Also the clause at 52.212-5, Contract Terms & Conditions required to implement Statutes or Executive Orders -- Commercial Items applies to this acquisition, including subparagraphs (1) 52.203-6, (3) 52.219-8, (4) 52.219-9, (9) 52.222-26, (10) 52.222-35, (11) 52.222-36, (12) 52.222-37, (18)(i) 52.225-21, and DOC agency-level protest procedures level above the Contracting Officer, which is available in full text and can be downloaded from the NIST external web page, the Internet address is http://www.nist.gov/admin/od/contract/protest/htm. Other clauses that apply to this acquisition are 52.217-8, Option to Extend Services, 52.217-9, Option to Extend the Term of the Contract, and 52.227-19, Commercial Computer Software -- Restricted Rights. The full text for the above FAR clauses are available at the following Internet address http://www.arnet.gov/far/. Also, the Year 2000 Warranty -- Commercial Supply Items applies to this acquisition: The contractor warrants that each hardware, software, and firmware product delivered under this contract and listed below shall be able to accurately process date data (including, but not limited to, calculating, comparing, and sequencing) from, into, and between the twentieth and twenty-first centuries, including leap year calculations, when used in accordance with the product documentation provided by the contractor, provided that all listed or unlisted products (e.g. hardware, software, firmware) used in combination with such listed product properly exchange date data with it. If the contract requires that specific listed products must perform as a system in accordance with the foregoing warranty, then that warranty shall apply to those listed products as a system. The duration of this warranty and the remedies available to the Government for breach of this warranty shall be as defined in, and subject to, the terms and limitations of the contractor's standard commercial warranty or warranties contained in this contract, provided that notwithstanding any provision to the contrary in such commercial warranty or warranties, the remedies available to the Government under this warranty shall include repair or replacement of any listed product whose non-compliance is discovered and made known to the contractor in writing within ninety (90) days after acceptance. Nothing in this warranty shall be construed to limit any rights or remedies the Government may otherwise have under this contract with respect to defects other than Year 2000 performance. The solicitation document and incorporated provisions are those in effect through Federal Acquisition Circular (FAC) 97-09. Molecular Simulations, Incorporated shall submit by 3:00 p.m. local time on February 4, 1999: (1) Three (3) copies of their quotation addressing CLINs 0001-0015, (2) Two (2) copies of their most recent published price list and (3) A completed copy of the provision at 52.212-3 Offeror Representations and Certifications -- Commercial Items, which may also be downloaded from the NIST external web page, at address http://www.nist.gov/admin/od/contract/repcert.htm. Molecular Simulations shall submit a copy of their software license agreement if it applicable to this purchase. Faxed quotes will be accepted at (301) 963-7732. Or please mail to the National Institute of Standards & Technology, Acquisition & Assistance Division, Attention: Anita Tolliver, 100 Bureau Drive, Stop 3572, Gaithersburg, MD 20899-3572. Interested persons may identify their interest and capability (product literature or specifications) statements to respond to the requirement or submit quotes. This notice of intent is not a request for competitive quotes. However, the Government will consider all quotes received by February 4, 1999. The Government anticipates awarding a purchase order to Molecular Simulations, Incorporated before February 26, 1999. A determination by the Government not to compete this requirement based upon responses to this notice is solely within the discretion of the Contracting Officer. For information, call the POC identified above. Posted 01/29/99 (W-SN292984). (0029)

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