RFQ_SB1341-15-RQ-0237.pdf

CLASSIFICATION CODE: D – Automatic Data Processing and Telecommunication

TITLE: - MathWorks Software Licenses

SOLICITATION NUMBER: SB1341-15-RQ-0237

RESPONSE DATE: 31 March 2015, 2:00pm Local Time

CONTACT POINTS: Richard Kim, Contract Specialist, (301) 975-6219

Keith Bubar, Contracting Officer, (301) 975-8329

DESCRIPTION:

The National Institute of Standards and Technology (NIST) has a requirement for MathWorks

Software Licenses to be used in the Office of Information Systems Management at NIST, Gaithersburg, MD.

THIS 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 SEPARATE

WRITTEN SOLICITATION DOCUMENT WILL NOT BE ISSUED.

This solicitation is a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-80, effective March 2, 2015.

1352.215-72 INQUIRIES (APR 2010)

Offerors must submit all questions concerning this solicitation in writing, electronically, to

Richard.kim@nist.gov. Questions must be received no later than March 26, 2015 at 2:00 pm local time, after the issuance date of this solicitation. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract.

(End of Provision)

The associated North American Industrial Classification System (NAICS) code for this procurement is 541519, Information Technology Value Added Resellers, with a small business size standard of 150 employees.

This acquisition is 100% set-aside for small business.

All offerors shall provide a firm-fixed price quotation for the following:

Line Item 0001: MathWorks Software Licenses

License Number: 2423 Commercial Perpetual Concurrent

-MATLAB (MLALL), Quantity 17

-Curve Fitting Toolbox (CFALL), Quantity 5

-Parallel Computing Toolbox (DMALL), Quantity 1

-Image Processing Toolbox (IPALL), Quantity 2

-Optimization Toolbox (OPALL), Quantity 1

-Signal Processing Toolbox (SGALL), Quantity 2

-Symbolic Math Toolbox (SMALL), Quantity 2

-Statistics Toolbox, (STALL), Quantity 3

-First Year MathWorks Software Maintenance Service, Quantity 1

PROVISIONS AND CLAUSES:

The following provisions and clauses apply to this acquisition and are hereby incorporated by reference. All FAR clauses may be viewed at http://acquisition.gov/comp/far/index.html.

Provisions

52.212-1, Instructions to Offerors-Commercial Items

52.212-3 Offeror Representations and Certifications-Commercial Items

Offerors shall complete annual representations and certifications on-line at http://orca.bpn.gov in accordance with FAR 52.212-3 Offerors Representations and Certifications- Commercial Items.

If paragraph (j) of the provision is applicable, a written submission is required.

Clauses

52.212-4 Contract Terms and Conditions—Commercial Items

1352.201-70 Contracting Officer’s Authority

1352.209-73 Compliance with The Laws

1352.209-74 Organizational Conflict of Interest

1352.239-70 Software License Addendum

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—

Commercial Items (APR 2010)-- including subparagraphs:

52.222-50, Combating Trafficking in Persons

52.233-3, Protest After Award

52.233-4, Applicable Law for Breach of Contract Claim

52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards

52.209-6, Protecting the Government’s Interest when subcontracting with

Contractor’s Debarred, Suspended or proposed for Debarment

52.209-10, Prohibition on Contracting with Inverted Domestic Corporations http://acquisition.gov/comp/far/index.html

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, Equal Opportunity for Workers with Disabilities

52.223-18, Encouraging Contractor Policies to Ban Text Messaging while

Driving

52.225-13, Restriction on Certain Foreign Purchases;

52.232-33, Payment by Electronic Funds Transfer-System for Award

Management

INSTRUCTIONS:

System For Award Management

In accordance with FAR 52.204-7, the awardee must be registered in the System for Award

Management (www.sam.gov) prior to award. Refusal to register shall forfeit award.

Due Date for Quotations

Offerors shall submit their quotations so that NIST receives them not later than 2:00 p.m.

Local Time on March 31, 2015. FAX and hard-copy quotations shall not be accepted. E-mail quotations shall be accepted at Richard.kim@nist.gov. Offerors’ quotations shall not be deemed received by the Government until the quotation is entered into the e-mail address inbox set forth above.

Addendum to FAR 52.212-1, Quotation Preparation Instructions

1) Price Quotation: The offeror shall propose a firm-fixed-price for each CLIN. Price quotations shall remain valid for a period of 30 days from the date quotations are due.

2) Technical Quotation: The technical quotation shall address the following:

Technical Capability: The offeror shall submit a technical description or product literature for the software it is proposing, which clearly identifies the software publisher, and the identifying product #. If applicable, evidence that the Offeror is authorized by the original software publisher to provide the item(s) in the quotation should be included.

Acceptance of Terms and Conditions: This is a solicitation for the items as defined herein.

The Government intends to award a Purchase Order as a result of this solicitation that will include the clauses set forth herein. The quotation should include one of the following statements:

“The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition.”

OR

http://www.sam.gov/

“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)

QUOTATION EVALUATION:

Evaluation Factors

Basis for Award and Evaluation Criteria: Lowest Price Technically Acceptable. This requirement will be awarded to the offeror who provides a technically acceptable quotation at the lowest price. Price shall not be evaluated on quotes that are determined technically unacceptable under the Technical Capability Evaluation factor.

Technical Capability: Evaluation of technical capability shall be based on the information provided in the quotation. NIST will evaluate whether the offeror has demonstrated that its proposed product meets all minimum requirements. Quotations that do not demonstrate the proposed product meets all requirements will not be considered further for award.

Price: The Government will evaluate price for reasonableness.

1352.201-72 Contracting Officer's Representative (COR) (APR 2010)

(a) [To Be Determined] is hereby designated as the Contracting Officer's Representative (COR).

The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at:

[To Be Determined]

(b) The responsibilities and limitations of the COR are as follows:

(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.

(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting

Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.

(End of clause)

1352.233-70 AGENCY PROTESTS (APR 2010)

(a) An agency protest may be filed with either: (1) the contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 Fed. Reg.

16,651 (April 6, 1999)

(b) Agency protests filed with the Contracting Officer shall be sent to the following address:

NIST/ACQUISITION MANAGEMENT DIVISION

ATTN: KEITH BUBAR, CONTRACTING OFFICER

100 Bureau Drive, MS 1640

Gaithersburg, MD 20899

(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: NIST/ACQUISITION MANAGEMENT DIVISION

ATTN: HEAD OF THE CONTRACTING OFFICE (HCO)

100 Bureau Drive, MS 1640

(d) A complete copy of all agency protests, including all attachments, shall be served upon the

Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority.

(e) Service upon the Contract Law Division shall be made as follows:

U.S. Department of Commerce

Office of the General Counsel

Chief, Contract Law Division

Room 5893

Herbert C. Hoover Building

14th Street and Constitution Avenue, N.W.

Washington, D.C. 20230.

FAX: (202) 482-5858

(End of Clause)

1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

(a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed.

(b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of

Federal Claims.

(c) Service upon the Contract Law Division shall be made as follows:

U.S. Department of Commerce

Office of the General Counsel

Chief, Contract Law Division

Room 5893

Herbert C. Hoover Building

14th Street and Constitution Avenue, N.W.

Washington, D.C. 20230.

FAX: (202) 482-5858

1352.239-71 Electronic and information technology (APR 2010)

(a) To be considered eligible for award, offerors must propose electronic and information technology (EIT) that meet the applicable Access Board accessibility standards at 36 CFR 1194 designated below:

1194.21 Software applications and operating systems

1194.22 Web-based intranet and internet information and applications

1194.41 Information, documentation and support

(b) The standards do not require the installation of specific accessibility-related software or the attachment of an assistive technology device, but merely require that the EIT be compatible with such software and devices so that it can be made accessible if so required by the agency in the future.

(c) Alternatively, offerors may propose products and services that provide equivalent facilitation.

Such offers will be considered to have met the provisions of the Access Board standards for the feature or components providing equivalent facilitation. If none of the offers that meet all applicable provisions of the standards could be accepted without imposing an undue burden on the agency or component, or if none of the offerors propose products or services that fully meet all of the applicable Access Board's provisions, those offerors whose products or services meet some of the applicable provisions will be considered eligible for award. Awards will not be made to an offeror meeting all or some of the applicable Access Board provisions if award would impose an undue burden upon the agency.

(d) Offerors must submit representation information concerning their products by completing the

VPAT template at http://www.Section508.gov .

1352.246-70 Place of Acceptance (APR 2010)

(a) The Contracting Officer or the duly authorized representative will accept supplies and/or services to be provided under this contract.

(b) The place of acceptance will be:

National Institute of Standards and Technology

100 Bureau Dr.