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 Number N00421-04-T-0159 is issued as a request for quotes (RFQ). The incorporated document and provisions and clauses are those in effect through Federal Acquisition Circular 01-22 and Defense Federal Acquisition Regulations Supplement Change Notice 20040323. The associated North American Industry Classification Systems (NAICS) code for this requirement is 334111 with a size standard of 1,000 employees. The Government intends to award a contract on a “sole source” basis for the single board computers under the authority of FAR 6.302-1. Contract type will be firm-fixed-price. Themis Computer, Inc., 3185 Laurelview Court, Fremont, CA 94538-6535, is the original manufacturer of this equipment. The equipment is required to support the AN/TPX-42A(V)14 Field Change 2 (FC2) project. The 6U VME Single Board Computer is the only commercial-off-the-shelf item that has been identified meeting the government’s minimum requirement. THIS NOTICE OF INTENT IS NOT A REQUEST FOR COMPETITIVE QUOTES. However, responsible interested parties may submit information in which they identify their interest and capability. The contract line item numbers and description for this sole source procurement are** CLIN 0001 Single Board Computer (P/N: 31-655122-OXP) (Quantity of 10 EA); CLIN 0002 Media Kit (Quantity of 2 EA); CLIN 0003 TPX-42 E/I (“C” Kit) Integration Kit (Quantity of 40 EA); and CLIN 0004 TPX-42 E/I (“C” Kit) License Agreement (Quantity of 40 EA). The quote along with completed representations and certifications is due by 18 June 2004. Award is anticipated no later than 25 June 2004 with a required delivery date of 15 July 2004. FOB Destination to Receiving Officer, NAWCAD, Bldg 8115, Villa Road, St. Inigoes, MD 20684-0010; M/F: Ernie Eichhorn, Code 4.5.9.2. 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 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 deliverable listed in the schedule. FAR 52.212-1 INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS (OCT 2003) 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. Offeror shall include a completed copy of the provision at FAR 52.212-3, OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (JAN 2004) ALTERNATE I (APR 2002) with its quote. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (OCT 2003) is incorporated by reference and applies to this acquisition. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAR 2004) applies to this acquisition. (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clause, which is incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: 52.233-3, Protest after Award (AUG 1996) (31 U.S.C 3553). (b) The Contractor shall 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: (1) 52.222-3, Convict Labor (JUNE 2003)(E.O. 11755); (2) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2004) (E.O. 13126); (3) 52.222-21, Prohibition of Segregated Facilities (Feb 1999); (4) 52.222-26, Equal Opportunity (APR 2002)(E.O. 11246); (5) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (DEC 2001)(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 (DEC 2001)(38 U.S.C. 4212); (8) 52.225-13, Restrictions on Certain Foreign Purchases (OCT 2003) (E.o.s., proclamations, and statutes 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 paragraphs (i) through (vi) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be required by the clause—(i) 52.219-8, Utilization of Small Business Concerns (October 2000)(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; (ii) 52.222-26, Equal Opportunity (April 2002)(E.O. 11246); (iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (December 2001) (38 U.S.C. 4212); (iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998)(29 U.S.C. 793); (v) 52.222-41, Service Contract Act of 1965, as Amended (May 1989), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.); (vi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (April 2003)(46 U.S.C. Appx 1241 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 252.212-7001 CONTRACT TERMS AND CONDITIIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (JAN 2004) applies to this acquisition. (b) The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR Supplement clauses, which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components: 252.225-7001, Buy American Act and Balance of Payment Program (APR 2003)(41 U.S.C. 10a-10d, E.O. 10582). (c) In addition to the clauses listed in paragraph (e) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items clause of this contract (Federal Acquisition Regulation 52.212-5), the Contractor shall include the terms of the following clauses, 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 (APR 2003)(10 U.S.C. 2533a); 252.247-7023, Transportation of Supplies by Sea (MAY 2002)(10 U.S.C. 2631); 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000)(10 U.S.C. 2631). (End of Clause) The provision at 252.204-7004 Alt A, Required Central Contractor Registration Alternate A (NOV 2003) applies to this solicitation. Proposal is due to Rebecca Woods, Contract Specialist, Naval Air Warfare Center Aircraft Division, Building 8110, Unit 11, Villa Rd., St. Inigoes, MD 20684-0010 by 3:30 P.M. Eastern Standard Time, 14 June 2004. The Government reserves the right to process the procurement as a sole source basis based upon the responses received. The Government will not pay for any information received. Facsimile proposals shall be accepted. For information regarding this solicitation or copies of FAR provision 52.212-3 contact Rebecca Woods, Code 251213, Tele#301-995-8943 or via e-mail:
[email protected]. If an offeror is not able to contact the Contracting Office via e-mail, please fax correspondence/requests to the point of contact above @ facsimile (301-995-8670) or telephone (301-995-8943). **END SYNOPSIS/SOLICITATION #N00421-04-T-0159. **