70 -- AVANITI SOFTWARE MAINTENANCE AND SUPPORT

Notice Date

September 21, 2000

Contracting Office

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

ZIP Code

20899-3572

Solicitation Number

53SBNB060183

Response Due

September 25, 2000

Point of Contact

Fred F. Ettehadieh, Contract Specialist, (301) 975-8329, Fax No. (301) 963-7732; Alba Sanchez, Contracting Officer, (301) 975-6344

E-Mail Address

NIST Contracts Office (Contract@nist.gov)

Description

The National Institute of Standards and Technology's (NIST's) Information Technology Laboratory Office intends to issue a purchase order, on a sole-source basis under the authority of 13.106-1(b), to Avanti Corporation, 46871 Bayside Parkway, Fremont, CA, 94538 for the continued annual maintenance and support of nine of its proprietary software, Server-Flex, installed on hostid 809D05B8. As proprietor of the software, Avanti Corporation is the only known source that can provide the required software maintenance and support. ****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; a quotation is being requested from Avanti Corporation, and a written solicitation will not be issued. Solicitation number 53SBNB060183 is issued as a request for quotation (RFQ) using simplified acquisition procedures. The Standard Industrial Classification (SIC) Code is 7371 with a small business size standard of $18 million. Incorporated provisions and clauses are those in effect through Federal Acquisition Circular 97-18. The period of performance for this requirement is for one year, with four (4) one-year options. The Contract Line Item Numbers (CLINs), Items, and Quantities are as follows: CLIN 0001, TCAD-MEDICI Basic annual maintenance and support, 1 each; CLIN 0002, TCAD-MEDICI, Circuit Analysis AAM, annual maintenance and support, 1 each; CLIN 0003, TCAD-MEDICI, Heterojunction Device AAM, annual maintenance and support, 1 each; CLIN 0004, TCAD-MEDICI, Lattice Temperature AAM, annual maintenance and support, 1 each; CLIN 0005, TCAD-PHYSICAL Model and Equation Interface annual maintenance and support, 1 each; CLIN 0006, TCAD-TAURUS Device Bundle, annual maintenance and support, 1 each; CLIN 0007, TCAD-TAURUS Visual Only, annual maintenance and support, 1 each; CLIN 0008, TCAD-TAURUS Workbench, annual maintenance and support, 1 each; CLIN 0009, TCAD-TSUPREM-4 Basic, annual maintenance and support, 1 each. Option Year I Period of Performance from End of Base Year through twelve (12) months for renewal of maintenance and support for CLINs 0001-0009. Option Year II Period of Performance from End of Option Year I through twelve (12) months for renewal of maintenance and support for CLINs 0001-0009. Option Year III Period of Performance from End of Option Year II through twelve (12) months for renewal of maintenance and support for CLINs 0001-0009. Option Year IV Period of Performance from End of Option Year III through twelve (12) months for renewal of maintenance and support for CLINs 0001-0009. Evaluations of the options shall not obligate the Government to exercise the options. The Government anticipates awarding a firm-fixed price Purchase order on October 1, 2000. The vendor shall deliver CLINs 0001 -- 0009 FOB Destination to NIST, Building 301, Shipping and Receiving, 100 Bureau Drive, Gaithersburg, MD 20899.The provisions at 52.212-1, Instructions to Offerors-Commercial Items, applies to this acquisition. 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, Restrictions on subcontractor Sales to Government, Alternate I; (50 52.219-8, Utilization of Small Business; (7) 52.219-14, Limitation on subcontracting; (11) 52.222-21, Prohibition of Segregated Facilities; (12) 52.222-26, Equal Opportunity; (13) 52.222-35, Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era; (14) 52.222-36, Affirmative Action for Workers with Disabilities; (15) 52.222-37, Employment Reports on Disabled Veterans and Veterans of the Vietnam Era; (17)(i) 52.225-3, Buy American Act-North American Free Trade Agreement -Balance of Payments Program; (22) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration. Other clauses that apply to this acquisition are 52.227-19, Commercial Computer Software -- Restricted Rights, 52.217-5, Evaluation of Options, 52.217-9, Option to Extend the Term of the Contract. The full texts for the above FAR clauses are available at the following Internet address www.arnet.gov/far/. 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 shall include 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. Department of Commerce Agency-Level Protest Procedures Level Above the Contracting Officer applies to this acquisition, which can be downloaded from the NIST Web Page located at http://www.nist.gov/admin/od/contract/agency.htm. Avanti Corporation shall submit the following: 1) Three (3) copies of quotation which addresses CLINs 0001-0009; 2) Technical description and/or product literature; 3) Description of commercial warranty; 4) Two (2) copies of the most recent published price list(s); 5) 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. The quotation shall be sent to the National Institute of Standards and Technology, Acquisition and Assistance Division, Attn: Fred F. Ettehadieh, Building 301, Room B117, 100 Bureau Drive, Stop 3572, Gaithersburg, MD 20899-3572. For information, call the POC identified above. Submission must be received by 3:00 p.m. local time on 9/25/2000. A faxed offer will be accepted to (301) 963-7732. All responsible sources shall provide written documentation stating that they are authorized by Avanti Corporation to provide the needed software maintenance and support along with their fax quotation, which shall be considered by the NIST. This notice of intent is not a request for competitive quotes. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement. A determination by the Government not to compete this proposed purchase order based upon responses to this notice is solely within the discretion of the Contracting Officer.

Web Link

NIST Contracts Homepage (http://www.nist.gov/admin/od/contract/contract.htm)

Record

Loren Data Corp. 20000925/70SOL002.HTM (W-265 SN499367)