RFQ_N6227117Q1031.docx

ANSYS Academic Multiphysics Software Naval Postgraduate School

This Request for Quote (RFQ), N62271-7-Q-1031, for the Naval Postgraduate School is prepared accordance with in FAR 13, Simplified Acquisitions Procedures, and supplemented with additional information included in this notice. The NAICS associated with this purchase is 511120.

NPS has a Brand Name Sole Source requirement for the ANSYS Academic Multiphysics Campus Solution (50/500) Lease that is proprietary to ANSYS, Inc. The Naval Postgraduate School (NPS) intends to award a Fixed Firm Price purchase order.

ANSYS Academic engineering simulation software is used by thousands of universities globally for undergraduate students to learn physics principles, for researchers to solve complex engineering problems and for postgraduate students to produce data for their master’s theses or doctoral dissertations.

The features provided by ANSYS benefit NPS graduate education, particularly Master's Degree thesis work where there is only 5-9 months available for research.

Minimal Technical Requirements/Salient Characteristics:

The following ANSYS-brand only software:

Schedules of Supplies

Period of Performance: 01/05/2018 through 01/04/2019

ANSYS Academic Multiphysics Campus Solution (50/500)

Period of Performance: 01/05/2019 through 01/04/2020

ANSYS Academic Multiphysics Campus Solution (50/500)

Period of Performance: 01/05/2020 through 01/04/2021

ANSYS Academic Multiphysics Campus Solution (50/500)

Period of Performance: 01/05/2021 through 01/04/2022

ANSYS Academic Multiphysics Campus Solution (50/500)

Period of Performance: 01/05/2022 through 01/04/2023

Total Price

Delivery Address:

Naval Postgraduate School via on-line access

INSTRUCTIONS FOR SUBMISSION OF QUOTATION:

Naval Postgraduate School is an educational institution; please submit quotes with any educational discounts that may apply.

All terms and conditions must be submitted with the technical quote and any vendor Government specific terms and conditions. Vendor must provide all details of commercially available subscription details and terms and End User License Agreements.

Quotes submitted should include shipping and/or handling fees and are to be fixed firm price. Please include subject matter and accessories commercially available in support of the requirement.

Quotes are to be e mailed to the NPS Contracting Office Point of Contact, Robbie Johnson rajohnso@nps.edu.

The proposal shall be submitted no later than 12 PM PST November 29, 2017 and shall be valid for 30 days.

POINTS OF CONTACT:

NPS Contract Specialist Name: Robbie Johnson Phone: 831-656-3242 Email: rajohnso@nps.edu

PAPERLESS CONTRACTING:

All contractual documents (i.e. contracts, purchase orders, task orders, delivery orders and modifications) related to the instant procurement are considered to be "issued" by the government when copies are either deposited in the mail, transmitted by facsimile, or sent by other electronic commerce methods, such as email. The government's acceptance of the contractor's proposal constitutes bilateral agreement to "issue" contractual documents as detailed herein.

CONTRACT CLAUSES

The following FAR / DFAR clauses are incorporated by reference:

CLAUSES INCORPORATED BY FULL TEXT:

FAR 52.217-8: Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed one (1) year. The Contracting Officer may exercise the option by written notice to the Contractor within two (2) days of the option period of performance.

(End of Clause)

FAR 52.217-9: Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within two (2) days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least five (5) days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed two (2) years.

(End of Clause)

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (MAR 2011) (DEVIATION)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)

(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(i) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) Reserved.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) Reserved

(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.)

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately-Owned U.S.- Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(End of Clause)

AVAILABILITY OF FUNDS – Funds are not presently available for this contract. This action is subject to the enactment of the FY18 DOD Appropriation Act or Continuing Resolution Authority.

Funding cited in this contract/modification is subject to passage of the upcoming fiscal year 2018 Department of Defense Appropriations Act or Continuing Resolution Authority. In accordance with contract clause FAR 52.232-18, Availability of Funds, the Contracting Officer will provide the contractor written notice via email or other method determined to be acceptable by the Contracting Officer when funds are made available.

52.232-18 -- Availability of Funds.

Availability of Funds (Apr 1984) Funds are not presently available for this contract. The Government’s obligation under any resulting contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.