Solicitation Number N00421-07-R-0068 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 2005-16, effective 22 March 2007. Quotes are hereby requested and a written solicitation will not be issued. The Naval Air Warfare Center-Aircraft Division (NAWCAD), St. Inigoes, MD, intends to award a Sole Source, Firm-Fixed Price contract for procurement of seventy-five (75) MK-162 Optical Disk Drives, Commercial Off-The-Shelf Non-Developmental Items, to Mountain Optech, Inc., 1567 Skyway Drive, Suite A, Longmont, CO 80504, for. The North American Industry Classification Systems (NAICS) code for this requirement is 334112, “Computer Storage Device Manufacturing”, with a size standard of 1,000 employees. The required MK-162 Optical Disk Drives must meet strict qualification tests to ensure survivability in a harsh shipboard environment, including medium-weight shock testing and Environmental Stress Screening that requires thermal and vibration testing. Mountain Optech, Inc., is the only vendor with the capability to provide MK-162 optical disk drives that fully meet all electrical, physical, and environmental requirements. Mountain Optech, Inc., sole developer of the required supplies, retains proprietary Technical Data rights that are essential to ensure strict adherence to requirement specifications and to maintain interoperability with more than 200 previously fielded MK-162 optical disk drives in the fleet. The Contract Line Item Number (CLIN) and Description for this procurement are: *** CLIN 0001 - P/N: 4488.01, MK-162 Optical Disk Drive (Qty - 75 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. 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 (FEB 2007), 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 2007) 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, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible 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, Veterans of the Vietnam Era, and Other Eligible Veterans (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, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (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.-Flag 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 (MAR 2007), 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) 252.225-7001, Buy American Act and Balance of Payments 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, (3) 252.211-7003 Item Identification and Valuation, (4) 252.232-7003 Electronic Submission of Payment Request, and (5) 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 Applicable to Defense Acquisitions of 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 52.204-7 Central Contractor Registration (JUL 2006) applies to this solicitation. The following clauses apply to this procurement: DFARS 252.204-7001 Commercial And Government Entity (Cage) Code Reporting, DFARS 252.232-7003 Electronic Submission of Payment Request, DFARS 252.246-7000 Material Inspection And Receiving Report, and NAVAIR Clauses 5252.204-9503 Expediting Contract Closeout, 5252-204-9504 Disclosure of Contract Information, and 5252.232-9513 Invoicing Instructions and Payment. This synopsis is for informational purposes only. 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. This procurement is being contracted on the basis of “other than full and open competition” pursuant to the authority of FAR 6.302-1 “Only one responsible source and no other goods or services will satisfy agency requirements.” THIS NOTICE OF INTENT IS NOT A REQUEST FOR COMPETITIVE PROPOSALS. Information is due to Rosa Harding, Contract Specialist, Code 2.5.1.2.3.1, Naval Air Warfare Center-Aircraft Division, Building 8110, Unit 11, Villa Road, St. Inigoes, MD 20684-0010, by 3:30 P.M. EST, 30 April 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. Facsimile proposals shall be accepted. For information regarding this proposed procurement action, contact Rosa Harding, Code 2.5.1.2.3.1, Telephone 301-995-6037 or via e-mail
[email protected]. If an offeror is not able to contact the point-of-contact (POC) above, please fax correspondence/requests to the Contracting Officer care of the POC @ facsimile 301-995-8670.