SOURCES SOUGHT NOTICE (SSN) Hazards of Electromagnetic Radiation to Ordnances (HERO). INTRODUCTION: This is a Sources Sought (SS) being issued by the Army Combat Capabilities Development Command (CCDC), Armaments Center (AC), Munitions Engineering & Technology Center (METC), Fuze and Precision Armaments Directorate (FPAD). This SS requests capability statements from potential contractors on their ability to develop and deliver specialized development test software supporting data collection on Hazards of Electromagnetic Radiation to Ordnances (HERO). BACKGROUND: Since early 1980, FPAD/E3 Team has been supporting the HERO mission for the Department of the Army (DA). The main goal of developing HERO software is to collect test data which is use to evaluate the safety and reliability of munitions / ordnances. All munitions with Electro Explosive Devices (EEDs) must be evaluated before they are delivered to soldiers in the field. These sensitive munitions are tested in a radiated electromagnetic environment at various electromagnetic test facilities, such as White Sands Missile Range, Redstone Test Center, Aberdeen Proving Grounds and Picatinny Arsenal. The software is critical to theater operations, and the data generated will result in decisions that minimize safety risk to the warfighter. This SS seeks contractors with the capability to enter into a development effort. REQUIREMENTS: Responders to this SS notice are asked to provide capability statements with the following information: A narrative explaining the companies, and specific individuals, level of knowledge and experience related to developing software related to capturing data for HERO testing of instrumented EEDs. A narrative explaining how the software will capture test data from tested ordnances at test ranges, and how the software allows for interfacing with facilities at Picatinny Arsenal; including: “White Sands Missile Range, Redstone Test Center, Aberdeen Proving Grounds.” Ability to provide a floating license for (#of seats; license number, etc.). Put another way, what software terms and user rights are granted. Ability to sell the software entirely so the Government owns the software. Ability to provide a warranty on the software; and maintenance, upgrades, and help-desk support. A ROM for the estimated cost of the software, for different term lengths; and the ability to price Options, etc. Ability to comply with the software addendum (attached as Appendix A) per Army regulation and statutory law. The addendum will be included to any eventual contract for this software. If any similar commercial or other software is available on GSA or CHESS to meet requirements. NOTICE OF LIABILITY: This is not a formal solicitation. This is a SS for market research purposes. Any response to this SS is at the sole-discretion of the contractor. No remittance payment will be made for any information sent in response to this SS. Information submitted in response to this SS may be used for procurement planning purposes. The information received by the Government will not be released to third parties. Interested parties should be cognizant of the “beta.sam.gov” portal, and of the acquisition process to ensure responsiveness to any opportunities related to issuance of a formal solicitation. The website for Beta. Sam is as follows - https://sam.gov/. At this time, a formal solicitation is not definitive. ADMINISTRATIVE: Request that all responses include the following information: Full Company Name (Legal Entity): Cage Code: Website (if applicable): Contact Information: The point of contact for response is Mark P. Zator, DEVCOM AC, METC, FPAD, and Procurement Coordinator. Email address is:
[email protected]. Phone is: 973-724-8121. Appendix A 1. This addendum (“Addendum”) modifies the HERO SOFTWARE LICENSE AND MAINTENANCE TERMS AND CONDITIONS (the HERO software terms and conditions will be attached here), by deleting and making unenforceable any conflicting or inconsistent terms or conditions in the Software License that violate federal law and regulations. This Addendum shall be identified as the Addenda to any contract let. 2. By incorporating this Addenda, the parties agree that the terms, conditions and provisions of the Addenda will form a part of the Contract and will be applicable with respect to the software and services provided in connection with the Contract. In the event of any conflicts or inconsistencies under the documents and provisions referenced and incorporated under the Contract, the following order of precedence shall take effect; the Contract terms shall prevail over the Addenda, and the Addenda terms shall prevail over the Software License. 3. The provisions of the FAR 52.212-4, Contract Terms and Conditions – Commercial Items, specified in FAR 12.302, as required by Federal law, shall apply to the Contract with the exception of FAR 52.212-4(n) “Title” which is hereby deleted in its entirety. The government’s rights to use, duplicate, or disclose any commercial computer software delivered under this contract shall be in accordance with FAR clause 52.227-19. 4. Breach: Liability for any breach or claim shall be determined under the Federal Tort Claims Act (28 U.S.C. §§ 1346, 2401-2402, 2671-72, 2674-2680), Contract Disputes Act (41 U.S.C § § 601-613), Anti-Deficiency Act (31 U.S.C. §1341, 31 U.S.C §1517), or other governing federal authority. 5. Modification, Suspension and Termination of Service: provisions permitting unilateral termination that violate Contract Disputes Act (41 U.S.C §§ 601-613), Anti-Deficiency Act (31 U.S.C. §1341, 31 U.S.C 1517), or other governing federal authority are hereby deleted. 6. Governing Law: Any arbitration, mediation or similar dispute resolution provision, or provisions relating to equitable remedies, or injunctions that are inconsistent with federal laws and regulations are hereby deleted. Provisions for any future fees such as attorney’s fees, costs or interests are deleted. The Contract and this Addenda shall be governed by and interpreted and enforced in accordance with the laws of the United States of America without reference to conflict of laws, as applied by the Federal Courts. 7. Audits: Audit clauses permitting network access to government systems is hereby deleted. No access will be allowed into government networks without prior notice, consent and individual(s) cleared. The government will provide a yearly audit report. Any discrepancies found during an audit must comply with the invoicing procedures consistent with federal law. Disputed charges must comply with the Contract Disputes Act (41 U.S.C §§ 601-613) or any other governing federal authority. 8. Control of Defense: Any provision acceding legal representation of the government to the Contractor in violation of 28 U.S.C. §516 is hereby deleted. Such representation when the government is a party is reserved, by statute, for the U.S. Department of Justice. 2 9. No Endorsement: The contractor shall not represent or imply that use of the product or services by the government is an endorsement of the product, company or service. Any action construed as an advertisement or any other type of publicity identifying the Government as a customer must obtain the Contracting Officer’s approval prior to such action. 10. Payment Terms: Any payment or invoicing term in conflict with Federal Appropriations Law, the Anti-deficiency Act, the Misappropriation Act and the Bona-fide Need Rule is unenforceable and is hereby deleted. 11. Late Fee Interest Payments: Any late fees or interest payments for late payment shall be governed in accordance with the Contracts Disputes Act 41 U.S.C. §§601-603 and 31 U.S.C. §3902 et seq. 12. Automatic Third Party Terms: Automatic renewal clauses and automatic third party terms incorporated by reference are unenforceable. Incorporation of such terms may only be made by bilateral contract modification with the approval of an authorized Contract.