70 -- Cisco Call Managers

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 and a written solicitation will not be issued. The reference document number for this requirement is PR 1300000220. The incorporated document, provisions and clauses are those in effect through Federal Acquisition Circular 2005-23 and Defense Acquisition Circular 20080124. The applicable NAICS code is 334220. The equipment will be procured on firm fixed-price Brand Name Mandatory basis for Cisco Call Managers and Internet Protocol (IP) Phone systems. In accordance with FAR 6.302-1, only the listed Cisco products will meet the Governments needs as only their products have been certified/approved by the user to operate on the DoD Secure Internet Protocol Router Network (SIPRNET). A complete listing of the contract line item numbers and descriptions are provided at http://www.navair.navy.mil/doing_business/open_solicitations/. It is the intent of the Government to place a single award for all of the listed items. Due to an interfacing error with the two systems the Solicitation number used for this site ONLY will be N00421-08-T-0021. Award is anticipated on or about 29 February 2008. The items will be shipped FOB Destination within 30 days of contract award to Receiving Officer, NAWCAD, Bldg 8115, Villa Road, St. Inigoes, MD 20684-0010. 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 the order. In the event of a conflict the terms and conditions of the order 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 is incorporated by reference and applies to this acquisition. Offeror shall ensure they are registered in the Central Contractor Registration (CCR) database. Offeror shall also have complete and current information in the Online Representation and Certifications Application (ORCA) database consistent with FAR 52.212-3, Offeror Representations and Certifications ? Commercial Items and DFAR 252.212.7000, Offeror Representations and Certifications ? Commercial Items. FAR 52.211-15, Defense Priority and Allocation Requirements, 52.212-4 Contract Terms and Conditions ? Commercial Items, 52.247-34, F.O.B. Destination, and 52.252-2, Clauses Incorporated by Reference are incorporated by reference and apply to this acquisition. FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders ? Commercial Items 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 (31 U.S.C 3553); (2) 52.233-4 Applicable Law for Breach of Contract Claim (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, 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) 52.222-3, Convict Labor (E.O. 11755); (4) 52.222-19 Child Labor-Cooperation with Authorities and Remedies (E.O. 13126); (5) 52.222-21, Prohibition of Segregated Facilities; (6) 52.222-26, Equal Opportunity (E.O. 11246); (7) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era and Other Eligible Veterans (38 U.S.C. 4212); (8) 52.222-36, Affirmative Action for Workers with Disabilities (29 U.S.C. 793); (9) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era and Other Eligible Veterans (38 U.S.C. 4212); (10) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (E.O. 13201; (11) 52.225-13, Restrictions on Certain Foreign Purchases (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 (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 (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 (E.O. 11246); (iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era and Other Eligible Veterans (38 U.S.C. 4212); (iv) 52.222-36, Affirmative Action for Workers with Disabilities (29 U.S.C. 793); (v) 52.222-39, Notification of Employee rights Concerning Payment of Union Dues or Fees (E.O.13201); (vi) 52.222-41, Service Contract Act of 1965, as Amended, 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 (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). DFAR 252.212-7001 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items 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 (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 (41 U.S.C. 10a-10d, E.O. 10582); (2) 252.225-7012 Preference for Certain Domestic Commodities (10 U.S.C.2533a); (3) 252.243-7002, Requests for Equitable Adjustment (10 U.S.C. 2410); (4) 252.247-7023 Transportation of Supplies by Sea (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 (10 U.S.C. 2533a); 252.247-7023 Transportation of Supplies by Sea (10 U.S.C. 2631); 252.247-7024 Notification of Transportation of Supplies by Sea (10 U.S.C. 2631) (End of Clause). The clauses at DFAR 252.204.7004 Alternate A, 252.211-7003 Item Identification and Valuation, 252.232-7003 Electronic Submission of Payment Requests, and 252.246-7000 Material Inspection and Receiving Report apply to this solicitation. NAVAIR Clause 5252.232-9513 Invoicing and Payment (WAWF) Instructions applies to this solicitation. The Government will not pay for any information received. Offers shall be submitted via e-mail or facsimile by 15:30 EST on 19 February 2008. For information contact Jeffrey Leighton, at (301) 995-8894, Fax (301) 995-8545 or e-mail to Jeffrey.Leighton@navy.mil.