StressCheck Software Maintenance

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in the Federal Acquisition Regulation (FAR), Subpart 12.6, as supplemented with additional information included in this notice. Simplified procedures as described in FAR 13.5 will be used for acquisition of these commercial items. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Solicitation N00421-10-T-0395 is issued as a sole source with Engineering Software Research and Development, Incorporated for maintenance for analysis of aircraft structures and components under the authority of FAR Part 6.302-1. The Federal Supply Classification (FSC) Code for this requirement is J070 with a North American Industry Classification System (NAICS) Code of 541519 size standard is $25.0 Million. All proposals must be received by 20 SEP 2010 to be considered by the Government. The contract line item number and description are **CLIN 0001 Aircraft Structure Maintenance Software License, Quantity 1 Lot; containing StressCheck Basic Paid-Up Floating Win32 Maintenance, Qty 4, Model No. SBAPFWEM; Linear Elasticity Analysis Paid-Up Floating Win32 Maintenance, Qty 4, Model No. SLIPFW3M; Nonlinear Analysis Paid-Up Floating Win32 Maintenance, Qty 2, Model No. SNLPFW3M; Fracture Mechanic Analysis Paid-Up Floating Win32 Maintenance, Qty 1, Model No. SFRPFW3M; Linear Heat Transfer Analysis Paid-Up Floating Win32 Maintenance, Qty 1, Model No. SHTPFW3M; Modal/Buckling Analysis Paid-Up Floating Win32 Maintenance, Qty 1, Model No. SMBPFW3M; Cold Working Analysis Paid-Up Floating Win32 Maintenance, Qty 1, Model No. SCWPFW3M; Margin Check Analysis Paid-Up Floating Win32 Maintenance, Qty 1, Model No. SMCPFW3M; IGES CAD Translator Paid-Up Floating Win32 Maintenance, Qty 1, Model No. SIGPFW3M; PAM Automesher Paid-Up Floating Win32 Maintenance, Qty 1, Model No. SPAPFW3M. License Type: StressCheck 9.1 Professional Edition for Windows XP or Vista. Paid-Up, Floating network license with annual maintenance contract. Maintenance Period: 1 OCT 2010 trough 30 SEP 2011. to be shipped to Naval Air Warfare Center Aircraft Division, Patuxent River MD 20670. The incorporated document and provision and clauses are those in effect through Federal Acquisition Circular 2005-43 and Defense Federal Acquisition Regulations Revision 20100908. Award is expected by 30 SEP 2010. This notice of intent is not a request for competitive proposals. Inspection and Acceptance shall be made at destination. The contractor shall extend to the Government full coverage of any standard commercial warranty normally offered in a similar commercial sale. Acceptance of the warranty does not waive the Government's right under the Inspection clause, nor does it limit Government's rights with regard to the other terms and conditions of this contract. In the event of a conflict the terms and conditions of the contract shall take precedence over the warranty. The warranty period shall begin upon final acceptance of the applicable deliverable listed in the schedule. FAR 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (JUN 2008) is incorporated by reference and applies to this acquisition. The provision at 52.212-2 EVALUATION COMMERCIAL ITEMS (JAN 1999) does not apply to this acquisition. The offeror shall provide back-up information that verifies the price quoted. This could consist of a copy of the current catalog or price list; invoices from previous sales of the identical item (s); etc. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (JUN 2010) is incorporated by reference and applies to this acquisition. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (JUL 2010) applies to this acquisition. (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553); (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-3, Convict Labor (June 2003) (E.O. 11755); (2) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jul 2010 ) (E.O. 13126); (3) 52.222-21, Prohibition of Segregated Facilities (Feb 1999); (4) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246); (5) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212); (6) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793); (7) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212). (8) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.s, proclamations and statues administered by the Office of Foreign Assets Control of the Department of Treasury); (9) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (OCT 2003) (31 U.S.C. 3332). (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraph (e)(1) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010)(Pub.L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637(d) (2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $500,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities; (iii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-5). Applies to subcontracts funded under the Act. (iv) 52.222-26, Equal Opportunity (May 2007) (E.O. 11246); (v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212); (vi) 52.222-36, Affirmative Action for Workers with Disabilities (JUNE 1998) (29 U.S.C. 793); (vii) reserved; (viii) 52.222-41, Service Contract Act of 1965, as Amended (Nov 2007), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.); (ix) 52.222-50, Combating Trafficking in Persons (FEB 2009)(22 U.S.C. 7104(g)). Flow sown required in accordance with paragraph (f) of FAR clause 52.222-50. Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exception from Application of the Service Contract Act of Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act of Contracts for Certain Services Requirements (FEB 2009) (41 U.S.C. 351, et seq.). (xii) 52.222-54, Employment Eligibility Verification (Jan 2009). (xiii) 52.226-6 Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) The provision of 252.204-7004 ALTERNATE A, Required Central Contractor Registration (52.204-7) Alternate A (SEP 2007) applies to this solicitation. The Government will not pay for any information received. Facsimile proposals are acceptable. For information contact Rhoda Hall, Code 2.5.1.9.2.1, Telephone (301) 342-4614, FAX (301) 757-6516 or via e-mail: rhoda.hall@navy.mil. See Numbered Note 22.