APPLANIX SOFTWARE MAINTENANCE

The US Department of Commerce (DOC), National Oceanic and Atmospheric Administration (NOAA), Eastern Region Acquisition Division, Simplified Acquisition Team intends to negotiate on a sole source basis with Applanix Corporation using the procedures in FAR Parts 6 and 13, to provide support, maintenance, upgrade & licensing of existing Applanix software . As the manufacturer of the system, Applanix Corporation is the only responsible source for this maintenance and upgrade program. The Applanix engineers and technicians are uniquely qualified to perform work on the system and the many replacements parts and calibration values only through Applanix. The statutory authority for other than full and open competition is 41 USC 253(c)(1) as implemented by FAR 6.302-1, Only one responsible source. The provisions and clauses may be downloaded at http://www.arnet.gov/far. The following provisions and clauses shall apply to this solicitation: FAR 52.204-7, System for Award Management, FAR 52.212-1, Instructions to Offerors - Commercial, FAR 52.212-3, Offeror Representations and Certificates - Commercial Item, FAR 52.212-4, Contract Terms and Conditions - Commercial Items, FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items. FAR 52.217-8 Option to Extend Services, FAR 52.222-3, Convict Labor; FAR 52.222-21, Prohibition of Segregated Facilities, FAR 52.222-26, Equal Opportunity, FAR 52.222-36, Affirmative Action for Workers with Disabilities, FAR 52.225-18, Encouraging Contractor Policies to Ban Text Messaging while Driving, FAR 52.232-33, Payment be Electronic Funds Transfer-Central Contractor Registration, FAR 52.252-2, Clauses Incorporated by Reference, CAR 1352.201-70 Contracting Officer Authority, CAR 1352.209-73, Compliance with the Laws, CAR 1352.209-74, Organizational Conflict of Interest CAR 1352.233-70, Agency Protest, CAR 1352.239-70, Software License Addendum The North American Industry Classification Code (NAICS) for this acquisition is 541330 with a business size standard of 14 million in annual receipts. This is not a solicitation for competitive quotes. However, if any other interested party believes that it can meet the requirements, it may submit a statement of capabilities, which if timely received, will be considered by NOAA. A statement of capabilities must be received by 11:00am, December 18, 2013 will be considered by the Government. A determination by the Government not to compete this proposed requirement 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 in the future. Evidence must be provided of ability to provide the required services. The capability statement and any other information furnished must be in writing, and must contain material in sufficient detail to allow NOAA to determine if the party can meet all of the foregoing requirements. Capability statements and related materials must be e-mailed to contact@example.gov by 11:00am, December 18, 2013. Award will be made using FAR 13, Simplified acquisition procedures, current through FAC 2005-61.