Solicitation Number N00421-07-R-TBD is hereby released as 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 12.3 will be used for acquisition of these commercial items. This announcement constitutes the only solicitation and incorporates the provisions and clauses in effect through Federal Acquisition Circular 2005-15 , effective 12 December 2006, and Defense Federal Acquisition Regulations Supplement Change Notice 20050222. Quotes are hereby requested and a written solicitation will not be issued. The Naval Air Warfare Center-Aircraft Division (NAWCAD), Special Communications Requirement Division, St. Inigoes, MD, has a requirement for IT Software in support of the United States Special Operations Command (USSOCOM) acquisition programs and related systems engineering efforts, and intends to award a Firm-Fixed Price contract for commercial items to Energy Technologies,Inc. The contract line item number (CLIN) and descriptions for this procurement are: ** CLIN 0001 - P/N: ET 10001-1259 1.5 KVA UPS w/Autoselect ,PFC,world power.(Qty. - 21 Units Ea); CLIN 0002 - P/N: ET10001-0874 , Software and Cable (Qty. - 10 Units Ea). The Government shall have full coverage of any standard commercial warranty normally offered in a similar commercial sale. Acceptance of the warranty does not waive the Government's rights under the Inspection clause, nor does it limit the 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 deliverables listed in the schedule. FAR 52.212-1 INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS (Sep 2006) 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 North American Industry Classification Systems (NAICS) code for this requirement is 334111,? Electronic Computer Manufacturing? with a size standard of 1000 employees. The Government intends to award a contract resulting from this solicitation to the responsible vendor whose offer conforms to the solicitation and is considered to be most advantageous to the Government. FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS ?COMMERCIAL ITEMS (Nov 2006), is incorporated by reference and applies to this acquisition. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (Sept 2005), is incorporated by reference and applies to this acquisition. The following addendum is added: YEAR 2000 COMPLIANCE (MAR 1999). FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (Nov 2006) applies to this acquisition. (a) The Contractor agrees to comply with the following 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) 52.222-3, Convict Labor (E.O. 11755); and (2) 52.233-3, Protest After Award (31 U.S.C 3553). (b) The Contractor agrees to comply with the FAR clauses in this paragraph (b) which 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 or components: (1) 52.203-6, Restrictions on Subcontractor Sales to the Government, with Alternate I (41 U.S.C. 253g and 10 U.S.C. 2402); (2) 52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637 (d)(2) and (3)), (3) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Pub. L 103-355, section 7102, and 10 U.S.C 2323)(if the offeror elects to waive the adjustment, it shall so indicate in its offer), Alternate I; (4) 52.222-21, Prohibition of Segregated Facilities (Feb 1999); (5) 52.222-26, Equal Opportunity (E.O. 11246); (6) 52.222-35, Affirmative Action for Special Disabled Veterans and Veterans of the Vietnam Era Veterans (38 U.S.C. 4212); (7) 52.222-36, Affirmative Action for Workers with Disabilities (29 U.S.C. 793); (8) 52.222-37, Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era (38 U.S.C. 4212); (9) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (E.O.13126). (10) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (31 U.S.C. 3332). (e) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) or (d) of this clause, the Contractor is not required to include any FAR clause, other than those listed below (and as may be required by an addendum to this paragraph to establish the reasonableness of prices under Part 15), in a subcontract for commercial items or commercial components?(1) 52.222-26, Equal Opportunity (E.O. 11246); (2) 52.222-35, Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era (38 U.S.C. 4212); (3) 52.222-36, Affirmative Action for Workers with Disabilities (29 U.S.C. 793); and (4) 52.247-64, Preference for Privately Owned U.S.-Flagged Commercial Vessels (46 U.S.C. 1241). DFARS 252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (Nov 2006), is incorporated by reference. The Contractor agrees to comply with the following list of DFARS clauses, which are included in this solicitation by reference to implement provisions of law or Executive Orders applicable to acquisitions of commercial items or components: (1) 252.225-7007, Buy American Act?Trade Agreements--Balance of Payment Program (41 U.S.C. 10a, -10d, 19 U.S.C. 2501-2518, and 19 U.S.C 3301 note), (2) 252.225-7012 Preference for Certain Domestic Commodities, and (3) 252.247-7023 Transportation of Supplies by Sea (Alternate I) (10 U.S.C. 2631). (b) In addition to the clauses listed in paragraph (e) of 252.212-7001 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract, the Contractor shall include the terms of the following clause, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract: 252.225-7014, Preference for Domestic Specialty Metals, Alternate I (10 U.S.C. 2241 note). The provision at 252.204-7004 Required Central Contractor Registration (NOV 2006) applies to this solicitation. Award is anticipated by 15 February 2007, with a required delivery date of 01 May 2007. Contract is to be FOB Destination to Receiving Officer, NAWCAD, Building 8115, Villa Road, St. Inigoes, MD 20684-0010, and shall be Marked For (M/F) as specified. Inspection and acceptance shall be made at destination. Parties may identify their interest and capability to respond to this requirement. Information is due to Ivan Mella, Contract Specialist, Code 2.5.1.2.3.2, Naval Air Warfare Center-Aircraft Division, Building 8110, Unit 11, Villa Road, St. Inigoes, MD 20684-0010, by 3:30 P.M. EST, 01 February 2007. The DPAS rating for this solicitation is N/A. The Government will not pay for any information received and reserves the right to process the procurement based upon the responses received. For information regarding this proposed procurement action, contact Ivan Mella, Code 2.5.1.2.3.2, Telephone 301-995-8957 or via
[email protected] If an offeror is not able to contact the point-of-contact (POC), above please fax correspondence/ requests to the Contracting Office care of the POC @ facsimile 301-995-8670.