58 -- ATIS Digital Recorders

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. The reference document number for this is PR 0010221354. The incorporated document, provisions and clauses are those in effect through Federal Acquisition Circular 2005-19 and Defense Acquisition Circular 20070828. The applicable NAICS code is 334290. This equipment will be procured on a Brand Name Mandatory basis for ATIS PL-2000 DT 24 D Digital Recorders equipped with 24 analog channels and dual DVD RAM drives. In accordance with FAR 6.302-1, "Only one responsible source and no other supplies or services will satisfy agency requirements". Only the requested make and model will be procured because use of the ATIS Digital Recorders listed below is mandatory, as use of this integrated component will maintain current configuration control and associated form, fit, and function operational characteristics; ensure no disruption of ongoing supportability by the Government supply system; and avoid costly revision of technical manuals and training programs already in place for systems that are currently fielded. The contract line item number and description is: **CLIN 0001 PL-2000 DT AC Digital Recorder equipped with 24 analog channels and dual DVD RAM drives, P/N PL-2000 DT 24 D, (8 each); to include shipping if any. Delivery must be within 45 days after receipt of order. All quotes must be received by 14 September 2007, 1500 EST. Award is expected to be on or about 28 September 2007. The items will be shipped to Receiving Officer, NAWCAD, Bldg 8115, Villa Road, St. Inigoes, MD 20684-0010. FAR 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (Sep 2006) is incorporated by reference and applies to this acquisition. Offeror shall include a completed copy of the provision at FAR 52.212-3, OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS (Aug 2007) with its proposal. 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 (Aug 2007) applies to this acquisition. (a) The Contractor shall comply with the following Federal Acquisition Regulation (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) 52.233-3, Protest After Award (Aug 1996)(31 U.S.C 3553); (2) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that 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) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402); (2) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)); (3) 52.222-3, Convict Labor (June 2003)(E.O. 11755); (4) 52.222-19 Child Labor-Cooperation with Authorities and Remedies (Aug 2007)(E.O. 13126); (5) 52.222-21, Prohibition of Segregated Facilities (Feb 1999); (6) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246); (7) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212); (8) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998)(29 U.S.C. 793); (9) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212); (10) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004)(E.O. 13201; (11) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2006)(E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of Treasury); (12) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003)(31 U.S.C. 3332); (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records - Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) or (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (i) through (vii) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-- (i) 52.219-8, Utilization of Small Business Concerns (May 2004)(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 (Mar 2007)(E.O. 11246); (iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212); (iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998)(29 U.S.C. 793); (v) 52.222-39, Notification of Employee rights Concerning Payment of Union Dues or Fees (Dec 2004)(E.O.13201); (vi) 52.222-41, Service Contract Act of 1965, as Amended (Jul 2005), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.); (vii) 52.247-64, Preference for Privately Owned U.S.-Flagged Commercial Vessels (Feb 2006)(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). Offeror shall include a completed copy of the provision at DFAR 252.212.7000, OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS (JUN 2005) with its quote. DFAR 252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITONS OF COMMERCIAL ITEMS (APR 2007) is incorporated by reference. (a) The contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause, which, if checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of commercial items or components. (1) 52.203-3 Gratuities (Apr 1984)(10 U.S.C. 2207) (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. (1) 252.225-7001 Buy American Act and Balance of Payments Program (Jun 2005)(41 U.S.C. 10a-10d, E.O. 10582); (2) 252.225-7012 Preference for Certain Domestic Commodities (Jan 2007) (10 U.S.C.2533a); (3) 252.247-7023 Transportation of Supplies by Sea (May 2002) (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 (FAR 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 (Jun 2005)(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). The clause at DFAR 252.204.7004 Alternate A (Nov 2003), 252.232-7003 Electronic Submission of Payment Requests (Mar 2007), 252.246-7000 Material Inspection and Receiving Report (Mar 2003) and NAVAIR Clause 5252.232-9513 Invoicing and Payment (WAWF) Instructions (Nov 2006) applies to this solicitation. Responsible interested parties may submit information to this office, which identifies their interest and capability to respond to this requirement. The Government will consider all information received by 14 September 2007, 1500 EST. The Government will not pay for any information received. Facsimile proposals shall be accepted. For information contact Cindy Wilson, Code 251222, at (301) 995-8672, Fax (301) 995-8670 or e-mail to cindy.wilson@navy.mil . **END**