Notice of Intent to Sole Source PolyWorks Software License Subscription

Solicitation #:W91ZLK-24-Q-00024

Procurement Type: Special Notice

Title: Procurement of PolyWorks

NAICS Code: 513210 - Software Publishers

Is this a Recovery and Reinvestment Act Action? No

Response Date: 05 August 2024 at 10:00 AM Eastern

Primary Point of Contact: Agnes Burke, Contract Specialist

Description:

This is a notice of intent to award a sole source contract pursuant to Federal Acquisition Regulation FAR Part 13 Simplified Acquisition Procedures for Commercial Items. The ACC-APG Tenant Contracting Division, Aberdeen Proving Ground, MD intends to award a Firm-Fixed Price sole source contract to InnovMetric Logiciels Inc (Small Business) Cage Code 06SC9.

The U.S. Army Contracting Command (ACC), Tenant Division, Aberdeen Proving Ground (APG), 6472 Integrity Court, Aberdeen Proving Ground, Maryland 21005 has a requirement to procure the following:

QTY: 10

PolyWorks License Subscription

Database Requirements:

Aberdeen Test Center, Materials and Measurements Test Branch (MMTB) has 10 seats of PolyWorks software. This request is for a software subscription. There is no need for vendor to come onsite to perform software maintenance. The maintenance is completed through software patches and/or updates.

A PolyWorks Support/Maintenance Contract allows us to extend our software investment by granting access to the latest releases and web services. This will ensure that we will have the latest patches, updates, and the newest tools. Additional benefits that enhance productivity include expert technical support from the programmers that write the software.

The MMTB will gain access to the latest software releases and stay current with new product enhancements. They will also be able to leverage services and tech support for data collection, processing, and analysis optimization.

It is also requested that there be 2 option years added to the contract to reduce the workload of the MMTB personnel as well as Army Contracting since this is a yearly requirement. Option years may lock in a cheaper rate than that offered in the future for this service.

Requirements for all solicitors: Must have at least 5 years of experience providing software subscription services for PolyWorks software. Proof and references must be given showing that the bidding vendor has provided this service for no less than five years' timeframe.

10 Dongle License ID's:

• 1A5CAE7C, 17B7CBF5, 764F44EF, 2DD72DD0, 0AEF1C8C, 3393259C, 5C9408C9, 6D8650DC, 1B29CBA9, 5050FCFA

The contractor is the sole design, engineering, and original equipment manufacturer (OEM) and sole distributor of the above listed PolyWorks License Subscription.

The North American Industry Classification System (NAICS) for this requirement is 513210. Posting date of this requirement is 25 July 2024. A determination by the Government not to compete with this proposed contract based upon responses to this notice is solely within the discretion of the Government.

Interested persons may identify their interest and capability to respond to the requirement no later than 05 August 2024 at 10:00 AM Eastern Time. Any response to this notice must show clear and convincing evidence that competition will be advantageous to the Government.

This is not a Request for Quote. This is a written notice to inform the public of the Government's intent to award on a sole source basis the required services.

Any questions regarding this notice must be submitted to Agnes Burke, Contract Specialist, agnes.v.burke.civ@army.mil NLT 30 July 2024 10:00 AM Eastern Time.

TELEPHONE REQUEST CANNOT BE HONORED.

The following clauses and provisions are incorporated by reference:

52.202-1 Definitions NOV 2013

52.203-3 Gratuities APR 1984

52.204-7 System for Award Management OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023

52.211-17 Delivery of Excess Quantities SEP 1989

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items JAN 2019

52.222-50 Combating Trafficking in Person NOV 2021

52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons. JUN 2016

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.233-1 Disputes MAY 2014

52.242-15 Stop-Work Order AUG 1989

52.243-1 Changes--Fixed Price AUG 1987

52.246-16 Responsibility For Supplies APR 1984

52.247-34 F.O.B. Destination NOV 1991

52.249-8 Default (Fixed-Price Supply & Service) APR 1984

52.253-1 Computer Generated Forms JAN 1991

252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.203-7003 Agency Office of the Inspector General DEC 2012

252.204-7003 Control of Government Personnel Work Product APR 1992

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting OCT 2016

252.219-7011 Notification to Delay Performance JUN 1998

252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017

252.225-7007 Prohibition on Acquisition of Certain Items From Communist Chinese Military Companies DEC 2018

252.225-7008 Restriction on Acquisition of Specialty Metals MAR 2013

252.225-7012 Preference For Certain Domestic Commodities DEC 2017

252.225-7015 Restriction on Acquisition of Hand Or Measuring Tools JUN 2005

252.225-7021 Trade Agreements--Basic DEC 2017

252.225-7048 Export Controlled Items JUN 2013

252.227-7015 Technical Data--Commercial Items FEB 2014

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

252.239-7001 Information Assurance Contractor Training and Certification JAN 2008

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.247-7023 Transportation of Supplies by Sea APR 2014

EXEMPTION CERTIFICATE FROM MARYLAND RETAIL SALES AND USE TAX (OCT 2012) ACC-APG 5152.229-4900 Exemption Certificate No. 30005004 covers exemption from Maryland Retail Sales and Use Tax.