70 -- 7030 "ADP SOFTWARE" ACQUISITION OF ADOBE ACROBAT FILL-IN FORM 4.0 LICENSES

Notice Date

November 27, 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

SB1341-01-Q-0101

Response Due

December 1, 2000

Point of Contact

Kathy Fain, Contract Specialist, 301-975-6337, e-mail kathy.fain@nist.gov, Alba Sanchez, Contracting Officer, 301-975-6344; Fax 301-963-7732, e-mail alba.sanchez@nist.gov

E-Mail Address

NIST Contracts Office (Contract@nist.gov)

Description

The National Institute of Standards and Technology intends to negotiate on a sole source basis under the authority of FAR Part 13.501(a) for the acquisition of Adobe Acrobat Fill-In Form 4.0 Licenses on behalf of the National Technical Information Service. The Adobe Acrobat Fill-In feature is a specific requirement of NTIS in order to produce CD-ROM versions of Internal Revenue Service publications. Adobe Acrobat allows CD-ROM users to fill-in, save, and print tax forms included on these CD-ROMs. Adobe fulfills the requirements to be a "Sole Source" for this acquisition, as a "unique source", since the licenses are proprietary, and Adobe is the only vendor. This is a combined synopsis/solicitation in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement is being issued using Simplified Acquisition Procedures, under the authority of cited in FAR Subpart 13.5, Test Program for Certain Commercial Items. This announcement constitutes the only solicitation; a written quotation from Adobe is being requested and a written solicitation will not be issued. The solicitation number SB1341-01-Q-0101 is issued as a Request for Quotation (RFQ). The Contract Line Item numbers, quantities, and unit of issues are as follows: CLIN 0001: Adobe Acrobat Fill-in Forms 4.0 Licenses for IRS 2000 Tax Forms CD, Release 1, Qty: 111,870. CLIN 0002 Adobe Acrobat Fill-in Forms 4.0 Licenses for IRS 2000 Tax Forms CD, Release 2, Qty: 155,670. CLIN 0003 Adobe Acrobat Fill-in Forms 4.0 Licenses for IRS 2001 Business Resource Guide, Qty: 600,1000. CLIN 0004: Adobe Acrobat Fill-in Forms 4.0 Licenses for IRS Earned Income Tax Credit CD-ROM, Qty: 30,000. Quantities stated may vary slightly in order to reflect the final number of copies of CD-ROM products required by IRS. The NAICS code for this acquisition is 51120, with a size standard of $18 million, however this action is unrestricted. The clause at FAR 52.212-1, Instructions to Offerors-Commercial Items, applies to this acquisition. Also the clause at 52.212-5 Contract Terms & Conditions required to implement Statutes of Executive Orders-Commercial Items applies to this acquisition, including subparagraphs (11) 52-222-21, (12) 52-222-26, (13) 52-222-35, (14) 52-222-36, (15) 52..222-37, (23) 52.232-33, and DOC agency level protest procedures level above the Contracting Officer, which is available in full text and can be downloaded at http://www.nist.gov/admin/od/contract/agency.htm. Other clauses that apply to this acquisition are : 52-212-4 "Contract Terms and Conditions-Commercial Items", 52.217-9 "Option to Extend Term of the Contract", 52.217-6 "Option for Increased Quantity", and 52.227-19, "Commercial Computer Software-Restricted Rights". The full text for the above FAR clauses is available at http://www.arnet.gov/far. Also the Year 2000 Warranty-Commercial Supply Items applies to this acquisition. Other clauses that apply to this acquisition are 52.227-19, Commercial Computer Software -- Restricted Rights and the Year 2000 Warranty -- Commercial Supply Items. The contractor warrants that each hardware, software, and firmware product delivered under this contract and listed below 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 product 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. The solicitation document and incorporated provisions are those in effect through Federal Acquisition Circular 97-20. The contractor shall by 3:00pm local time on December 1, 2000 : (1) Three (3) copies of their quotation addressing CLINs 0001-0004, (2) Two (2) copies of their most recent published price list and (3) a completed copy of the provision at 52.212-3 Offeror Representations and Certifications, Commercial Items, which may also be downloaded http://www.arnet.gov/far. Also Adobe shall submit a copy of their software license if applicable to this purchase. Mail may be sent to the National Institute of Standards & Technology, Acq. And Assist. Div., Attn: Kathy Fain, Contracts Office, Building 301, Room B117,100 Bureau Drive, Stop 3572,Gaithersburg, Maryland 20899-3572. Interested persons may identify their interest and capability (product literature or specifications) statements to respond to the requirement or submit quotes. This notice of intent is not a request for competitive quotes. The Government anticipates awarding a purchase order to Adobe by December 8, 2000. A determination by the Government not to compete this requirement based upon responses to this notice is solely within the discretion of the Contracting Officer. Numbered Note 22 applies.

Web Link

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

Record

Loren Data Corp. 20001129/70SOL007.HTM (W-332 SN5074A2)