70--SOFTWARE

The Government intends to award a contract to Fishnet Security for Net Witness Security Analytics software, support and training, on a sole source basis, under the authority of FAR 6.302-1, only one responsible source and no other supplies or services will satisfy agency requirements. This is not a request for competitive quotes or proposals. The solicitation document, incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-63, effective 10 December 2012. The NAICS code for this acquisition is 334613. The small business size standard for this NAICS code is 1000 employees. Fishnet Security is considered to be sole source for this requirement in order to maintain equipment continuity. The following provisions/clauses are incorporated: 52.252-2; Clauses incorporated by Reference; 52.204-99 DEV, System for Award Management Registration Deviation; 52.212-1, Instructions to Offerors-Commercial Items; 52.212-3 ALT I, Offeror representations and Certifications - Commercial Items; 52.212-5, Contract Terms and Conditions; 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns; 52.219-28, Post-Award Small Business Program Representation; 52.222-3, Convict Labor; 52.222-19, Child labor-Cooperation with Authorities and Remedies; 52.222-21, Prohibition of Segregated Facilities; 52.222-26, Equal Opportunity; 52.222-35, Affirmative Action for Disabled Veterans of the Vietnam Era; 52.222-36, Affirmative Action for Workers with Disabilities; 52.222-37, Employment Reports on Disabled Veterans; 52.222-41, 52.222-50, Combating Trafficking in Persons; 52.222-54, Employment Eligibility Verification; 52.223-18, Encouraging Contractor Policy to Ban Text Messaging While Driving; 52.225-13, Restrictions on Certain Foreign Purchases; 52.232-23, Assignment of Claims; 52.232-33, Payment by Electronic Funds Transfer-Central Contractor registration; 52.233-3, Protest After Award; 52.233-4, Applicable Law for Breach of Contract Claim. The provisions/ clauses at DFARS 252.212-7000, Offeror Representations and Certifications - Commercial Items apply to this acquisition and must be fully completed and submitted with offer; 252.212-7001 (Dev), Contract terms and Conditions Required to Implement Statutes to Defense Acquisition of Commercial Items (Deviation) are applicable to this acquisition. The following clauses are incorporated: 252.201-7000, Contracting Officer's Representative; 52.203-3, Gratuities; 52.203-6 Alt. I, Restrictions on Subcontractor Sales to the Government; 52.204-4, Printed or Copied-Double sided on Recycled Paper; 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards; 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment; 52.209-7, Information Regarding Responsibility Matters; 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters; 52.219-14, Limitations on Subcontracting; 52.233-2, Service of Protest; 252.205-7000, Provision of Information to Cooperative Agreement Holders; 252.209-7001, Disclosure of Ownership or Control by the Government of a Terrorist Country; 252.209-7999 (DEV), Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law; 252.225-7000, Buy American Act - Balance of Payments Program Certificate; 252.225-7012, Preference for Certain Domestic Commodities; 252.225-7035, Buy American Act- Free Trade Agreements - Balance of Payments Program Certificate; 252.232-7003, Electronic Submission of Payment Requests; 252.247-7023 ALT III, Transportation of Supplies by Sea; 52.247-7024, Notification of Transportation of Supplies by Sea and 252.232-7010, Levies on Contract Payments are also applicable to this acquisition. Interested parties may identify their interest and capability to respond to the requirement, in writing, no later than 30 August 2013 by 11:00 A.M. at USPFO for California, Contracting Office, 2303 Napa Ave, San Luis Obispo, CA 93405-7609. Written responses to this notice shall contain sufficient documentation to establish a bona fide capability to fulfill the requirement and shall reference this Notice of Intent to the above address, email or fax requests to +1 (555) 000-0000, ATTN: Stella Davis. A determination by the Government not to complete 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.