70 -- KenCast Maintenance Support

THIS IS NOT A REQUEST FOR COMPETITIVE PROPOSALS. This is a notice of intent to award a sole source contract under statutory authority 10 USC 2304(c)(1), set forth in Federal Acquisition Regulation 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. The Joint Communications Support Element (JCSE) requires the continued maintenance support of the FAZZT Digital Delivery System Software Suite. The maintenance support includes software upgrades, 24/7 telephone and technical assistance for the FAZZT Enterprise Server, FAZZT Power Publisher and the FAZZT Enterprise Client. KenCast is the exclusive provider of the FAZZT Digital Delivery System Software Suite. No other vendor is authorized to distribute these services. Interested parties may e-mail contact@example.gov or fax +1 (555) 000-0000, Joyce Wright, not later than Tuesday, 21 August 2007, 9:00 a.m. EST. Per FAR Part 5.207-13(e) Fed Biz Ops Numbered Note 22 applies and is modified to read: 22. The proposed contract action is for supplies or services for which the Government intends to solicit and negotiate with only one source under the authority of FAR 6.302. Interested persons may identify their interest and capability to respond to the requirement or submit proposals. This notice of intent is not a request for competitive proposals. However, all proposals received by Tuesday, 21 August 2007, 9:00 a.m. EST will be considered by the Government. A determination by the Government not to compete with this proposed contract based upon responses to this notice is solely within the discretion of the Government. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement. V. DEMONSTRATION THAT THE CONTRACTOR?S UNIQUE QUALIFICATIONS OR NATURE OF THE ACQUISITION REQUIRES THE USE OF THE AUTHORITY CITED ABOVE (APPLICABILITY OF AUTHORITY) The Joint Communications Support Element (JCSE) requires the continued maintenance support of the FAZZT Digital Delivery System Software Suite. KenCast is the exclusive provider of the FAZZT Digital Delivery System Software Suite. No other vendor is authorized to distribute these services. The FAZZT Digital Delivery System Software Suite is integrated into and supports the JCSE Global Broadcast System (GBS) Theater Insertion Point (TIP) equipment. The GBS TIP was implemented by the National Reconnaissance Office (NRO) Operational Support Office (OSO) and the Defense Information Systems Agency (DISA) and is responsible for the accurate and secure transmission of intelligence, weather, and other information through computers, handheld devices, live streams, wireless devices, and satellites. Failure to maintain the FAZZT software will result in mission failure of the JCSE GBS TIP. The only other option would be to purchase another software suite. To purchase another software suite would entail approvals, absorbing $3M in the current equipment investments, absorbing the costs of the new equipment investments, time to employ new equipment, and training of personnel. Employing another software suite is neither rational nor reasonable when it too would require upgrades and continued maintenance support. NOTE: 52.232-18 -- Availability of Funds is in effect for this requirement. 52.232-18 -- Availability of Funds (Apr 1984) Funds are not presently available for this contract. The Government?s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer. (End of Clause)