Notice of Intent to Sole Source - HyperWorks Software License Renewal

Description: HyperWorks Software License Renewal

Disclaimer: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice.  This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

NOTICE:

INTENT TO SOLICIT ONLY ONE SOURCE

The proposed contract action is for supplies or services for which the Government is soliciting and negotiating with only one source under the authority of FAR 13.106-1(b)(1)(i): Contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization). 

The name of the company the Government intends to award a contract is Altair Engineering Inc., 1820 E Big Beaver Rd, Troy MI 48083-2031. This notice of intent is not a request for competitive proposals. However, the Government will consider all proposals received prior to the closing date and time of this solicitation.

This acquisition is issued as a Request for Quote (RFQ).

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-05.

For purposes of this acquisition, the associated NAICS code is 511210.  The small business size standard is $41,500,000.00.

Contract Line Item (CLIN) Structure: The following is a list of contract line item number(s) and items, quantities and units of measure, (including option(s), if applicable):

CLIN 0001: 336 Quantity - Altair Software Units – Annual Lease – Mechanical Engineering Capabilities Part # AU-ME-STD-AN

CLIN 0002: 35 Quantity - Altair Software Units Annual Support & Maintenance-Multi-Physics/Mechatronics Capabilities. Part # AU-MME-STD-MNT

Specifications/Requirement: See above

Delivery: Delivery is required by 30 days after Receipt of Order (ARO). Delivery shall be made to U.S. Army Research Laboratory, 6375 JOHNSON ROAD, BLDG 321, ABERDEEN PROVING GROUND MD 21005; Acceptance shall be performed at Delivery. The FOB point is Destination. 

Clauses:

1. The provision at 52.212-1, Instructions to Offerors – Commercial, applies to this acquisition.  The following addenda have been attached to this provision:
    
   In addition to the requirements set for the in FAR 52.212-1, all offers responding to this solicitation must provide their business size in relation to the NAICS code contained in this solicitation and shall identify any socioeconomic categories to which they belong.
2. Evaluation Criteria - N/A – This notice of intent is not a request for competitive proposals.  However, the Government will consider all proposals received prior to the closing date and time of this solicitation.

Price will be evaluated based on the total proposed price, including options, (if any).

1. Offerors shall include a completed copy of the provision at FAR 52.212-3 (with its Alternate I), Offeror Representations with its offer. N/A
    
2. The clause at 52.212-4, Contract Terms and Conditions - Commercial Items, applies to this acquisition. The following addenda have been attached to this clause None. 
    
    
3. The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items and the selected clauses listed in DFARS 212.301 Solicitation provisions and Contract Clauses for the Acquisition of Commercial Items, applies to this acquisition.  The following additional FAR/DFARS clauses cited in this clause are applicable:
    

FAR

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS

52.209-6 PROTECTING THE GOVERNMENT’ INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION

52.222-3 CONVICT LABOR

52.222-19 DEVIATION 2020-O0019 CHILD LABOR--COOPERATION WITH AUTHORITIES AND REMEDIES

52.222-21 PROHIBITION OF SEGREGATED FACILITIES

52.222-26 EQUAL OPPORTUNITY

52.222-35 EQUAL OPPORTUNITY FOR VETERANS

52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES

52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS, VETRANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS

52.222-50 COMBATING TRAFFICKING IN PERSONS

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—CENTRAL CONTRACTOR REGISTRATION

52.232-36 PAYMENT BY THIRD PARTY

DFRS

252.203-7005, REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS

252.204-7015, DISCLOSURE OF INFORMATION TO LITIGATION SUPPORT CONTRACTORS

252.204-7016, COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES—REPRESENTATION

252.204-7017, PROHIBITION ON THE ACQUISITON OF COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES—REPRESENTATION

252.204-7018, PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES

252.213-7000, NOTICE TO PROSPECTIVE SUPPLIERS ON USE OF PAST PEFORMANCE INFORMATION RETRIEVAL SYSTEM—STATISTICAL REPORTING IN PAST PERFORMANCE EVALUATIONS

252.223-7008, PROHIBITION OF HEXAVALENT CHROMIUM

252.225-7000, BUY AMERICAN STATUTE—BALANCE OF PAYMENTS PROGRAM CERTIFICATE

252.225-7001, BUY AMERICAN ACT AND BALANCE OF PAYMENTS PROGRAM

252.225-7972, PROHIBITION ON THE PROCUREMENT OF FOREIGN-MADE UNMANNED AIRCRAFT SYSTEMS (DEVIATION 2020-O0015)

252.225-7974, REPRESENTATION REGARDING BUSINESS OPERATIONS WITH THE MADURO REGIME (DEVIATION 2020-O0005)

252.232-7010, LEVIES ON CONTRACT PAYMENTS

252.244-7000, SUBCONTRACTS FOR COMMERCIAL ITEMS

252.246-7008, SOURCES OF ELECTRONIC PARTS

252.247-7023, TRANSPORTATION OF SUPPLIES BY SEA

1. The following additional contract requirement(s) or terms and conditions apply (full text of all FAR/DFARS clauses that contain fill-in information, as well as all local clauses, can be found in the attached Provisions and Clauses Full-Text document):

FAR

52.204-7 SYSTEM FOR AWARD MANAGEMENT

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

52.204-25, PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

52.204-26, COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION

52.213-2 INVOICES

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

52.252-2 CLAUSES INCORPORATED BY REFERENCE

DFARS

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS

252.204-7000 DISCLOSURE OF INFORMATION

252.211-7003 ITEM IDENTIFICATION AND VALUATION

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS

ACC - APG POINT OF CONTACT

TECHNICAL POINT OF CONTACT

INTENT TO SOLICIT ONLY ONE SOURCE

TYPE OF CONTRACT

GOV INSPECTION AND ACCEPTANCE

PAYMENT OFFICE (BANKCARD)

TAX EXEMPTION CERT. (ARL)

RECEIVING ROOM – APG

PAYMENT INSTRUCTIONS

EXCEPTIONS IN PROPOSAL

AWARD OF CONTRACT

ADELPHI CONTR. DIVISION URL

FOREIGN NATIONALS PERFORMING

PAYMENT TERMS

1. This acquisition is rated under the Defense Priorities and Allocations System (DPAS) as N/A
    
2. The following notes apply to this announcement:  Offers are due Seven (7) Business Days After Posting by 11:59 AM EST, at nicole.g.hernandez2.civ@mail.mil

Place of Performance: U.S. Army Research Laboratory, 6375 JOHNSON ROAD, BLDG 321, ABERDEEN PROVING GROUND MD 21005.