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MATLAB Short Term Licenses
Solicitation Number: SB1341-12-RQ-0301
Agency: Department of Commerce
Office: National Institute of Standards and Technology (NIST)
Location: Acquisition Management Division
Notice Type: ARCHIVE
SynopsisTHIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS PREPARED IN ACCORDANCE WITH THE FORMAT IN FAR SUBPART 12.6-STREAMLINED PROCEDURES FOR EVALUATION AND SOLICITATION FOR COMMERCIAL ITEMS-AS SUPPLEMENTED WITH ADDITIONAL INFORMATION INCLUDED IN THIS NOTICE. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTATIONS ARE BEING REQUESTED, AND A WRITTEN SOLICITATION DOCUMENT WILL NOT BE ISSUED.
This solicitation is a Request for Quotation (RFQ) for commercial services. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-57.
The associated North American Industrial Classification System (NAICS) code for this procurement is 541519 including Exception 2 for value added resellers. The small business size standard is 150 employees. This acquisition is being procured using full and open competition.
This is a brand name only requirement. Quoters must provide the brand name software identified within the line items.
MATLAB is a programming environment for algorithm development, data analysis, visualization, and numerical computation. Using MATLAB can solve technical computing problems faster than with traditional programming languages, such as C, C++, and Fortran.
The National Institute of Standards and Technology (NIST) has been using the Mathworks MATLAB product for at least the last 10 years with more than 400 users. NIST researchers in both Gaithersburg, MD and Boulder, CO use the Mathworks product to enable them to perform high-level technical computing language and use an interactive environment for algorithm development, data visualization, data analysis, and numeric computation that serve the missions of their laboratory and the agency.
Mathworks is the sole owner of the product and the provider to offer uninterrupted and reliable support service for its products. Maintenance services can only be purchased from MathWorks or MathWorks Authorized Resellers
Currently there are 65 MATLAB concurrent licenses shared among all the NIST users. The annual summer student load coming to NIST using MATLAB product will make the current number of concurrent licenses unable to handle the temporary surge of demand. In order meet the demand, NIST must acquire 8 additional short term (3 month) MATLAB licenses.
Responsible quoters shall provide pricing for the following line item:
LINE ITEM 0001: Quantity 8 each Short Term MATLAB Licenses
MATLAB Licenses, Part Number MLALL; Period of Performance shall be three months from the date of award.
Documentation associated with the resultant award shall be delivered to the NIST Technical Contact who will be identified at the time of award.
Delivery terms shall be FOB Destination. The Contractor shall pack and mark the shipment in conformance with carrier requirements, deliver the shipment in good order and condition to the point of delivery specified in the purchase order, be responsible for loss of and/or damage to the goods occurring before receipt and acceptance of the shipment by the consignee at the delivery point specified in the purchase order; and pay all charges to the specified point of delivery.
INSPECTION AND ACCEPTANCE CRITERIA
NIST will inspect to ensure that the required licenses have been provided and are functional in accordance with manufacturer's specifications.
EVALUATION CRITERIA AND BASIS FOR AWARD
Award will be made on a lowest price/technically acceptable.
Technically acceptable means the quoter is an authorized reseller for Mathworks, and can provide all required licenses.
All quoters shall submit the following:
1) An original and one copy of a technical quotation which addresses Line Item 0001 and provides FOB Destination pricing;
2) Documentation that clearly demonstrates that the quoter is an authorized reseller;
3) An original and one copy of a price quotation;
4) This is an Open-Market Combined Synopsis/Solicitation for equipment as defined herein. The Government intends to award a Purchase Order as a result of this Combined Synopsis/Solicitation that will include the terms and conditions that are set forth herein. In order to facilitate the award process, ALL quotes shall include a statement regarding the terms and conditions herein as follows:
The offeror shall state "The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition."
The offeror shall state "The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:
Offeror shall list exception(s) and rationale for the exception(s)
Please note that this procurement is not being conducted under the GSA Federal Supply Schedule (FSS) program or another Government-Wide Area Contract (GWAC). If an offeror submits a quotation based upon an FSS or GWAC contract, the Government will accept the quoted price. However, the terms and conditions stated herein will be included in any resultant Purchase Order, not the terms and conditions of the offeror's FSS or GWAC contract, and the statement required above shall be included in the quotation.
5) If the quoter is not registered at www.orca.bpn.gov, a completed copy of FAR 52.212-3 OFFERORS REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS;
6) The quoter's Dun and Bradstreet number.
DUE DATE FOR QUOTATIONS
All quotations shall be sent to the National Institute of Standards and Technology, Acquisition Management Division, Attn: Carol A. Wood, 100 Bureau Drive,
Stop 1640, Gaithersburg, MD 20899-1640.
All offerors shall ensure the RFQ number is visible on the outermost packaging.
Submission must be received not later than 3:30 p.m. local time on Wednesday, May 9, 2012. FAX quotations shall not be accepted. E-mail quotations shall be accepted. An e-mail quotation shall be considered received when it is received in the electronic inbox of Carol Wood.
Because of heightened security, FED-EX, UPS, or similar delivery methods are preferred methods of delivery of hard copies of quotes (vs. hand delivered.) If hard copies are hand delivered, delivery shall be made on the actual due date through Gate A, and a 48 hour (excluding weekends and holidays) prior notice shall be provided to Carol Wood, Contract Specialist on 301-975-8172. NIST is not responsible for late delivery due to the added security measures. In addition, quoters who do not provide 24-hour notification in order to coordinate entrance to the NIST campus shall assume the risk of not being able to deliver quotes on time.
PROVISIONS AND CLAUSES
The full text of a FAR provision or clause may be accessed electronically at www.acqnet.gov/far.
The following provisions apply to this acquisition:
52.212-1, Instructions to Offerors - Commercial Items;
52.212-3, Offeror Representations and Certifications - Commercial Items.
In accordance with FAR 52.212-3 Offeror Representations and Certifications - Commercial Items, offerors must complete annual representations and certifications on-line at http://orca.bpn.gov. If paragraph (j) of the provision applies, a written submission is required;
The following clauses apply to this acquisition:
52.212-4 Contract Terms and Conditions-Commercial Items;
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items including subparagraphs:
52.219-28, Post-Award Small Business Program Rerepresentation;
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;
52.222-40, Notification of Employee Rights under the National Labor Relations Act;
52.222-54, Employment Eligibility Verification;
52.223-18, Encouraging Contractor Policies to Ban Text Message While Driving;
52.225-13 Restriction on Certain Foreign Purchases (E.O. 12722, 12724, 13059, 13067, 13121, and 13129; and
52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration;
Department of Commerce Agency-Level Protest Procedures Level above the Contracting Officer. It can be downloaded at www.nist.gov/admin/od/contract/agency.htm;
NIST LOCAL 41, Software License Addendum
a) This Addendum incorporates certain terms and conditions relating to federal procurement actions. The terms and conditions of this Addendum take precedence over the terms and conditions contained in any license agreement or other contract documents entered into between the parties. Governing Law: Federal procurement law and regulations, including the Contract Disputes Act, 41 U.S.C. Section 601 et.seq., and the Federal Acquisition Regulation (FAR), govern the agreement between the parties. Litigation arising out of this contract may be filed only in those having jurisdiction over federal procurement matters. Attorney's Fees: Attorney's fees are payable by the federal government in any action arising under this contract only pursuant to the Equal Access in Justice Act, 5 U.S.C. Section 504. No Indemnification: The federal government will not be liable for any claim for indemnification; such payments may violate the Anti-Deficiency Act, 31 U.S.C. Section 1341(a). Assignment: Payments may only be assigned in accordance with the Assignment of Claims Act, 31 U.S.C. Section 3727, and FAR Subpart 32.8, "Assignment of Claims." Invoices: Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. Section 3903) and Office of Management and Budget (OMB) Circular A-125, Prompt Payment. Patent and Copyright Infringement: Patent or copyright infringement suits brought against the United States as a party may only be defended by the U.S. Department of Justice (28 U.S.C. Section 516). Renewal of Support after Expiration of this Award: Service will not automatically renew after expiration of the initial term of this agreement. Renewal may only occur in accord with (1) the mutual agreement of the parties; or (2) an option renewal clause allowing the government to unilaterally exercise one or more options to extend the term of the agreement. (END OF CLAUSE)
The following is hereby incorporated and made a part of the description of Line Item 0001:
"These eight licenses must be linked with the current concurrent license 2423."
The due date and time for quotations, reamins unchanged.
The solicitation is hereby amended to delete the requirement for small business set-aside, delete a Federal Acquisition Regulation (FAR) clause and extend the due date for quotations.
The due date for quotations is hereby extended through Wednesday, May 9, 2012 at 3:30 PM Eastern Time.
1. The requirement for small business set-aside is hereby deleted. The following change is incorporated:
DELETE: This acquisition is 100% set-aside for small business.
ADD: This acquisition is being procured using full and open competition.
2. The following FAR clause is hereby deleted:
52.219-6 Notice of Total Small Business Set-Aside.