Sole Source Procurement of Software

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the ONLY solicitation and no other solicitation document will be issued. This solicitation is issued as a Request For Quote number RFP HSCG44-10-Q-T11035. This number is for tracking purposes only. Solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 05-37, put forth Oct/14/2009. This procurement will be processed in accordance with FAR Part 12 Acquisition of Commercial Items; FAR Part 13 Simplified Acquisition Procedures. The North American Industry Classification System (NAICS) is 334511. The SBA size standard in dollars is 750 Employees. This is Not a Small Business Set-Aside, due to this acquisition being a Sole Source Procurement it is not anticipated that there will be 2 or more qualified Small business Concerns to provide pricing proposals for this requirement. The USCG Command and Control Engineering Center (C2CEN) Ports. VA 23703 intends to award a Firm Fixed Price Contract using Simplified Acquisition Procedures on a non-competitive basis with SSR Engineering, Inc., for the purchase of the Software Items listed on Table A. SSR Eng. Is the OEM of this Software and has proprietary data rights. The Coast Guard does not own nor can they obtain the specifications or other technical data for this software. Request for such will be disregarded. The proposed contract action resulting from this synopsis/solicitation for commercial supplies is the Governments intention to solicit and negotiate with only one source under the authority of FAR 6.302-1. Interested persons/parties 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 within 5 days after date of publication of this synopsis/solictation 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, and for informational purposes. The contractor for this proposed Sole Source contract is: SSR Eng., Inc. Cage Code: 1KFG9. This is considered to be a Sole Source Acquisition. The Justification for Other Than Full and Open Competition can be found on Attachment 1. The government intends to award a contract resulting from this solicitation to the responsible bidder proposal conforming to the solicitation which will be most advantageous and BEST value to the Government, price and other factors considered. FIRM/FIXED Price Proposals may be submitted on company letterhead stationary and must include the following information: Company Name/Company Size Standard/Cage Code/Duns/Number/Cost breakdown/ Unit Price, Extended Price,/Delivery Information/Payment Terms and discount offered for prompt payment. The closing date and time for receipt of offers is Dec/15/2009 @ 8:00 AM EST. Facsimile and E-mail quotes are acceptable and may be faxed to +1 (555) 000-0000 or E-mailed to the primary POC Ms. Carrie Houck, Contracting Officer, USCG contact@example.gov Ph +1 (555) 000-0000 PLEASE NOTE Offerors are to provide Firm Fixed Prices by Dec 15, 2009 @ 8:00 AM EST The anticipated Award Date for the Purchase Order is Dec 17, 2009, this date being an approximate and not exact. TABLE - A Item # Description & Part Number Quan tity 1 SSR Engineering RDOP Radar Software 1 ea For Windows Software Version P/N 730 2 SSR Engineering Camera Manager Software 1 ea For Solaris Software Version P/N 642-CM4 3 SSR Engineering AIS Parser with Blue Force 1 ea Tracking software version P/N 310-BF The Following FAR Provisions apply to this Acquisition: FAR 52.212-1 Instructions to Offerors FAR 52.212-2 Evaluation-Commercial Items (a) Overall Best Value to the Government FAR 52.212-3 Offeror Representations and Certifications-Commercial Items, Offerors shall be registered in CCR, Central Contractors Registration The Following FAR Clauses apply to this Acquisition: FAR 52.212-4 Contract Terms and Conditions-Commercial Items FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Ofders-Commercial Items FAR 52.212-1 Instructions to Offerors- Commercial Items (JUN 2008) FAR 52.212-2 Evaluation-Commercial Items (Jan 1999) - award will be made to the Offeror proposing the Best Value to the Government considering specification, price, delivery, and past performance, and quality. FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (AUG 2009) to include Alt I (APR 2002). These certifications must be included with the quote and can be accessed and downloaded via FedBixOps with this RFP. Contractors are encouraged to submit through http://orca.bpn.gov FAR 52.212-4 Contract Terms and Conditions - Commercial Items (MAR 2009) with the following addendas: FAR 52.252-2 Clauses Incorporated by Reference (Jun 1998), the full text of the clause may be accessed electronically at Internet address http://www.arnet.gov/far; A Data Universal Numbering System (DUNS) Number is the primary identifier in FAR 52.204-7 Central Contractor Registration (CCR)(Jul 2006). Contractors are located and identified in CCR by their DUNS NUMBER. To facilitate payment via Electronic Funds Transfer - CCR, contractors shall be registered in the CCR. A DUNS Number can be obtained via www.dnb.com and CCR registration can be obtained via www.ccr.dlis.dla.mil FAR 52.212-5, Contract Terms and Conditions to Implement Statutes or Executive Orders- Commercial Items (SEPT 2009) The following Clauses and other as indicated by the Contracting Officer as applicable shall apply to the award contract. FAR 52.222-3 Convict Labor (JUN 2003) (E.O. 11755) FAR 52.222-19 Child Labor-Cooperation with Authorities and Remedies (AUG 2009) (E.O. 13126) FAR 52.222-21 Prohibition of Segregated Facilities (FEB 1999) FAR 52.222-26 Equal Opportunity (MAR 2007)(E.O.11246) FAR 52.222-35 Equal Opportunity for Special Disable Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEPT 2006) (38 U.S.C. 4212) FAR 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793) FAR 52.222-37 Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era, and Other Eligible Veterans (SEPT 2006 ) (38 U.S.C. 4212), FAR 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008)(E.O. 12722,12724, 13059,13067, 13121, and 13129 FAR 52.222-26 Equal Opportunity (MAR 2007) (E.O. 11246) FAR 52.222-35 Equal Opportunity for Special Disable Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEPT 2006) (38 U.S.C. 4212) FAR 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793) FAR 52.222-37 Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era, and Other Eligible Veterans (SEPT 2006) (38 U.S.C. 4212) FAR 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) (E.O. 12722,12724, 13059.13067,13121, and 13129) FAR 52.232-33 Payment by Electronic Funds Transfer-Central Contractor Registration (OCT 2003)(31 U.S.C. 3332) The following clauses are incorporated by reference, entire clause(s) available at http://www.arnet.gov/far HOMELAND SECURITY ACQUISITION REGULATION (48 CFR CHAPTER 30) CLAUSES (can be accessed electronically at www.dhs.gov/dhspublic) HSAR 3052.209-70 Prohibition on contracts with corporate expatriates (Jun 2006). NOTICE TO OFFERORS CONCERNING REPRESENTATIONS AND CERTIFICATIONS: This solicitation contains FAR clause 52.204-7, Central Contractor Registration and FAR Provision 52.204-8, Annual Representations and Certifications. In accordance with FAR 4.1201 prospective contractors are required to sbumit annual representations and certifications via the online representations and certifications application (ORCA) at http://orca.bpn.gov. Please ensure completion prior to submission of your quote. Also note that paragraph (b) of FAR 52.204-8 applies. The following Statement/Information is in reference to this Acquisition being considered to be a Sole Source Acquisition based on the following as provided to the Contracting Officer and hereby agreed upon. USCG C2CEN SEAWATCH FRC LAB SOFTWARE PURCHASE Justification for other than full and open competition (a) Each justification shall contain sufficient facts and rationale to justify the use of the specific authority cited. As a minimum, each justification shall include the following information: (1) Identification of the agency and the contracting activity and specific identification of the document as a - Justification for other than full and open competition. U.S. Coast Guard, Command and Control Engineering Center (C2CEN), Portsmouth, VA (2) Nature and/or description of the action being approved. SEAWATCH Fast Response Cutter (FRC) requires three software applications produced by SSR Engineering for use in development of the command and control system. (3) A description of the supplies or services required to meet the agency's needs. The SEAWATCH FRC requires three software applications designed by the Original Equipment Manufacturer (OEM), SSR Engineering. These software applications include: Radar Display Operator Position RDOP Radar Software for Windows (P/N 730) Camera Manager Software for Solaris (P/n 642-CM4) Automated Information System (AIS) Parser with Blue Force Tracking Software (P/N 310-BF) (4) An identification of the statutory authority permitting other than full and open competition. 6.302-1 (2) (ii) Supplies may be deemed to be available only from the original source in the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment, including major components there, of when it is likely that award to any other source would result in a substantial duplication of cost to the Government. This cost is estimated to be $200K. (5) A demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the authority cited. The use of the Personal Computer Radar Processor (PCRP) from SSR Engineering has been dictated by the FRC Circular of Requirements (COR) and in order to interface properly with this equipment specific software applications are required to operate SEAWATCH. (6) A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not which exception under 5.202 applies: A synopsis is being posted to Fed-BizOps. (7) A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable. The OEM of the software has the software on price sheet which is available to the general public. (8) A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted. Market research reveled other products perform similar functions to the applications required; however, these products would require modification to meet the interface requirements of the PCRP. The COTS applications designed by SSR Engineering require no modification. (9) Any other facts supporting the use of other than full and open competition such as: The protocol that the PCRP communicates in is Common Radar Information Communication (COMRIC) which was developed by SSR Engineering. In order to properly interface with the PCRP, which will be installed on the FRC, requires the use of these 3 particular software applications to bring in radar and track data in order to fulfill Coast Guard requirements. The applications being procured interface with COMRIC data formats and provide the requirements of SEAWATCH is a seamless effort. (10) A listing of the sources, if any, that expressed, in writing, an interest in the acquisition: None (11) A statement of the actions, if any the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required. The hardware requirement in the FRC COR specify the use of a PCRP for radar data and SEAWATCH must interface with this equipment. The software application must be compatible with the hardware. (12) Contracting Officer certification that the justification is accurate and complete to the best of the Contracting Officer's knowledge and belief. The OEM of the SEAWATCH hardware and software and SSR Engineering. SSR Engineering holds the proprietary data rights for the equipment and software. LCDR Connolly (Technical) Carrie Houck (Contracting Officer)