The US Department of Commerce (DOC), National Oceanic and Atmospheric Administration (NOAA), Eastern Region Acquisition Division, Simplified Acquisition Branch intends to negotiate on a sole source basis with Hypack, Inc. 56 Bradley Street Middletown CT 06457-1513 using the procedures in FAR Parts 6 and 13, to provide Hypack and Hysweep Hydrographic Survey software. The Hypack software is utilized in the NOAA Office of Marine and Aviation Operations. Hypack Inc. is the only manufacturer of the of the Hypack and Hysweep software. In order to maintain emergency readiness within the NOAA Operations division, it is necessary to procure the software. 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 https://acquisition.gov/far/ . The following provisions and clauses shall apply to this solicitation: FAR 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations, 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 52.222-3, 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 1352.239-70, Software License Addendum The North American Industry Classification Code (NAICS) for this acquisition is 541511 with a business size standard of $25,500,000.00. 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, July 28, 2014 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, July 28, 2014. Award will be made using FAR 13, Simplified acquisition procedures, current through FAC 2005-61.