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

70 -- DATA FOR METALLIC AND RELATED CRYSTALLINE SUBSTANCES FOR THE CRYSTMET DATABASE. SOL 53SBNB960059 DUE 040799 POC Daniel R. Mullins, Contract Specialist (301) 975-6337, Fax (301) 963-7732, Sandra Febach, Contracting Officer (301) 975-6326. 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's (NIST's) Office of Measurement Services intends to purchase on a sole source basis under the authority of Federal Acquisition Regulation (FAR) Part 13.501(a), evaluated data for metallic and related crystalline substances for the CRYSTMET database from Toth Information Systems, Inc., 2045 Quincy Avenue, Gloucester, Ontario K1J6B2 Canada. Toth Information Systems, Inc. is the only firm capable of providing this information based on the fact that this firm possesses a computer-readable database, covering literature from 1913, of evaluated data for metals (including alloys, intermatallics, minerals and others) accompanied by pertinent chemical, physical and bibliographic information. Toth Information Systems, Inc. shall provide NIST evaluated data for all metallic and related crystalline substances reported in the open scientific literature through the publication date of December 31, 1998. It is recognized that a small number of literature references may be obscure or impossible to locate. The base year shall begin on the award date and will continue for 12 months plus four option periods of 12 months each. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; a quotation is being requested from Toth Information Systems, Inc. and a written solicitation will not be issued. This solicitation number 53SBNB960059 is issued as a request for quotation (RFQ) using simplified acquisition procedures under the Test Program for certain commercial items found at FAR 13.5. This is a small business set aside. The SIC code applicable to this acquisition is 7379 and the related size standard is $18 million. Incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 97-10. The Contract Line Item Numbers (CLINs), quantities and units of measure are as follows: CLIN 0001, two (2) months from award of contract, Toth Instruments, Inc. shall provide NIST a CD-ROM containing a reformatted, evaluated and corrected CRYSTMET database covering metallic and related crystalline substances having publication dates up to December 31, 1994, corresponding to NIST's current collection of approximately 41,000 entries, 1 job; CLIN 0002, Eight (8) months from date of award, Toth Instruments, Inc. shall provide NIST a CD-ROM containing evaluated data for all metallic and related crystalline substances that have been reported in the scientific literature covering publication dates from January 1, 1995 through December 31, 1998. It is estimated there will be approximately 6,000 entries for this period, 1 job; CLIN 0003, Twelve (12) months from date of award, Toth Instruments, Inc. shall provide NIST a CD-ROM containing evaluated data for all metallic and related crystalline substances that have been reported in the scientific literature covering publication dates from January 1, 1913 through December 31, 1994 and are not currently included in the CRYSTMET Database. It is estimated that there will be approximately 15,000 additional entries for this period, of which approximately 8,500 will include crystal, x,y,z positional parameters and structural type information and 6,500 will include crystal and structural type information, 1 job; CLIN 0004, Toth Instruments, Inc. shall provide NIST a non-exclusive, royalty free, irrevocable, world-wide license in perpetuity to use, market, sell, publish and distribute Toth supplied data, subject to the following conditions: a) NIST acknowledges that it receives no rights to use all or part of the CRYSTMET Database that are in microfiche or book form, b) NIST will acknowledge existing copyrights to Toth supplied data, c) NIST will not sublicense, transfer or assign the license to a third-party within 3 years after signing this contract without the prior written explicit authorization of Toth Instruments, Inc., except that NIST may use third-party distributors to distribute NIST data products, 1 job; CLIN 0005, Option period 1, within four (4) months of the start of the option period, Toth Instruments, Inc. shall provide NIST a CD-ROM containing evaluated data (supplied data will include newly abstracted and evaluated data) for metallic and all related crystalline substances that have been reported in the scientific literature covering publication dates from January 1, 1999 through December 31, 1999, as well as re-evaluated, updated, corrected, and marked-as-deleted entries having publication dates from January 1, 1913 through December 31, 1998, 1 job; CLIN 0006, Option period 2, within four (4) months of the start of the option period, Toth Instruments, Inc. shall provide NIST a CD-ROM containing evaluated data (supplied data will include newly abstracted and evaluated data) for metallic and all related crystalline substances that have been reported in the scientific literature covering publication dates from January 1, 2000 through December 31, 2000, as well as re-evaluated, updated, corrected, and marked-as-deleted entries having publication dates from January 1, 1913 through December 31, 1999, 1 job; CLIN 0007, Option period 3, within four (4) months of the start of the option period, Toth Instruments, Inc. shall provide NIST a CD-ROM containing evaluated data (supplied data will include newly abstracted and evaluated data) for metallic and all related crystalline substances that have been reported in the scientific literature covering publication dates from January 1, 2001 through December 31, 2001, as well as re-evaluated, updated, corrected, and marked-as-deleted entries having publication dates from January 1, 1913 through December 31, 2000, 1 job; CLIN 0008, Option period 4, within four (4) months of the start of the option period, Toth Instruments, Inc. shall provide NIST a CD-ROM containing evaluated data (supplied data will include newly abstracted and evaluated data) for metallic and all related crystalline substances that have been reported in the scientific literature covering publication dates from January 1, 2002 through December 31, 2002, as well as re-evaluated, updated, corrected, and marked-as-deleted entries having publication dates from January 1, 1913 through December 31, 2001, 1 job. For exercising the options, the Government may extend the term of the 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 the options shall not obligate the Government to exercise the options. The vendor shall deliver CLINs 0001 through 0008 FOB Destination, within the specified timeframes, at NIST, Building 301, Shipping and Receiving, Gaithersburg, MD 20899-0001. The provisions at 52.212-1, Instructions to Offerors-Commercial Items, applies to this acquisition. The proposal will be evaluated for price reasonableness. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The clause at 52.212-4, Contract Terms and Conditions-Commercial Items applies to this acquisition. The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition, including subparagraphs (1) 52.203-6 (Alternate I), (3) 52.219-8, (5) 52.219-14, (11) 52.222-21, (12) 52.222-26, (13) 52.222-35, (14) 52.222-36, (15) 52.222-37, (16) 52.225-3, (17) 52.225-9, and Department of Commerce Agency-Level Protest Procedures Level Above the Contracting Officer, which can be downloaded from the NIST Web Page located at http://www.nist.gov/admin/od/contract/protest.htm. The provision at 52.233-2, Service of Protest, applies to this acquisition. Protests, as defined in section 33.101 of the FAR, that are filed directly with an agency, and copies of any protests that are filed with the General Accounting Office (GAO), shall be served on the Contracting Officer by obtaining written and dated acknowledgement of receipt from the National Institute of Standards and Technology, Attn: Sandra L. Febach, 100 Bureau Drive, Stop 3572, Gaithersburg, MD 20899-3572. The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. Other clauses that apply to this acquisition are 52.227-19, Commercial Computer Software-Restricted Rights, 52.217-8, Option to extend services, 52.217-9, Option to extend the term of the contract, 52.227-2, Notice and Assistance Regarding Patent and Copyright Infringement, 52.227-3, Patent Indemnity, 52.227-14 (Alternate III), Rights in Data -- General and 52.233-3, Protest After Award. Year 2000 Warranty-Commercial Supply Item applies to this acquisition. The Contractor warrants that each hardware, software and firmware product delivered under this contract and listed above 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 products 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 shallinclude 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. All offerors shall submit the following: 1) Three (3) copies of quotation which addresses CLINs 0001 -- 0008; 2) Software License Agreement if it is required for this purchase. This is to advise that if a software license agreement is proposed, it must comport with applicable Federal laws, regulations and otherwise satisfy the Government's needs; 3) Technical description and/or product literature; 4) Description of commercial warranty; 5) Two (2) copies of the most recent published price list(s); 6) A completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items which may be downloaded from http://www.nist.gov/admin/od/contract/repcert.htm. All offers should be sent to the National Institute of Standards and Technology, Acquisition and Assistance Division, Attn: Daniel R. Mullins, 100 Bureau Drive, Stop 3572, Building 301, Room B117, Gaithersburg, MD 20899-3572. For information, call the POC identified above. Submission must be received by 3:00 p.m. local time on April 7, 1999. Faxed offers will be accepted to (301) 963-7732. Posted 03/26/99 (W-SN313052). (0085)

Loren Data Corp. http://www.ld.com (SYN# 0340 19990330\70-0003.SOL)