Z-PORTAL

NOTICE OF INTENT TO AWARD SOLE SOURCE 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 Reference Number is F1M3F10190A002-A ZPortal. The 628th Contracting Squadron, 101 E. Hill Blvd., Charleston AFB SC, requires all inclusive service and maintenance agreement for the Z-Portal Cargo and Vehicle Screening System located at Charleston AFB, South Carolina. The 628th Contracting Squadron intends to make an award to American Science and Engineering, Inc., 826 Middlesex Turnpike, BILLERICA, MA 01821. Market research was performed and information gathered in determining this company to be the only source for this requirement in the US. In accordance with FAR Part 5.207-13(e) Fed Biz Ops Numbered Note 22 applies and is modified to read: The proposed contract action is for services for which the Government intends to solicit and negotiate with only one source under the authority of FAR 6.302. Interested parties may identify their interest and capability to response to the requirement or submit proposals. This notice of intent is not a request for competitive proposals. However, all proposals received by the appointed due date will be considered by the Government. A determination by the Government not to compete with this proposal 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. The Justification for the Sole Source follows: AS&E Inc. designed and built the Z Backscatter Portal. AS&E has also designed the software that operates the Z Backscatter Portal, and has it copyrighted. AS&E provides periodic upgrades to the software when routine maintenance is performed on Z Backscatter Portal. The Z Backscatter is a highly specialized piece of equipment designed to electrically X-Ray Vehicle and Cargo Inspection for vehicles entering Charleston AFB which also meets the ANSI N43.17 "Radiation Safety for Personnel Security Screening System". AS&E has over 30 patents issued and pending which protect its intellectual property in the area of X-ray based imaging systems. These patents extend to include not only Backscatter, but Transmission imaging systems as well. Therefore, other companies that provide similar type of equipment and service are unable to provide service on the AS&E equipment because of these patents. AS&E also has the latest equipment in the industry and has a unique understanding of the Government's requirements for performing inspections and maintenance on the Z Backscatter. It is critical for the inspections be performed on schedule and repairs made to prevent service interruption. Emergency corrective maintenance is critical if the system breaks or stops functioning. The government cannot accept unacceptable delays in equipment downtime and still be able to continue to support the security of the installation. Therefore, this acquisition is for a follow-on preventive maintenance contract to ensure continued performance of this highly specialized equipment. FAR 52.232-18: Availability of Funds. 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. The following provisions and/or clauses apply to this acquisition. Offerors must comply with all instructions contained in FAR 52.212-1 Instructions to Offerors-Commercial Items. FAR 52.203-3 Gratuities. FAR52.203-6 Alt I Restrictions on Subcontractor Sales to the Government Alt I. FAR 52.204-4 Printed Copied Double-Sided or Recycled paper. FAR 52.204-7 Central Contractor Registration. FAR 52.219-8 Utilization of Small Business Concerns. FAR 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. FAR 52.222-3 Convict Labor. FAR 52.222-19 Child Labor Cooperation with Authorities and Remedies. FAR 52.222-21 Prohibition of Segregated Facilities. FAR 52.222-26 Equal Opportunity. FAR 52.222-35Equal Opportunity for Disabled Veterans. Veterans of the Vietnam Era or Other Eligible Veterans. FAR 52.222-36 Affirmative Action for Workers with disabilities. FAR 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans-. FAR52.222-50 Combating Trafficking in Persons. FAR 52.222-.33 Payment by Electronic Funds Transfer - Central Contractor Registration. FAR 52.233-3 Protest After Award. FAR 52.253-1 Computer Generated Forms. FAR 52.233-4 Applicable law for Breach of Contracts. FAR 52.242-13 Bankruptcy. DFARS 252.204-7004 Alt A Required Central Contractor Registration Alternate A. DFARS 252.212-7001 Disclosure of Ownership or Controlled by the Government of a Terrorist Country. DFARS 252.209-7004 Subcontracting with Ownership or Controlled by the Government of a Terrorist Country. DFARS 252.212-7000 Offeror Representations and Certifications-Commercial Items. DFARS 252.225-7001 Buy American Act or Balance of Payments Program. DFARS 252.225-7002 Qualifying country sources as Subcontractors. DFARS 252.225-7012 Preference for Certain Domestic Commodities. DFARS 252.232-7003 Electronic Submission of Payments Requests and Receiving Reports. DFARS 252.243-7002 Request for Equitable Adjustments, DFARS 252.247-7023 Alt III Transportation of Supplies by Sea, Alternate III. AFFARS 5352.201-9101 Ombudsman. (10 AUG 2005) (a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the party to another official who can resolve the concern. (b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMBC A-76 competition performance decisions). (c) If resolution cannot be made by the contracting officer, concerned parties may contact the Center/MAJCOM ombudsmen, Mr. Michael R. Jackson, HQ AMC/A7K, 507 Symington Dr., Scott AFB, IL, 62225-5022, (618) 229-0267, fax (618) 256-6668, email: Michael.jackson@scott.af.mil.. Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU level, may be brought by the concerned party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (703) 588-7004, facsimile number (703) 588-1067. (d) The ombudsman has no authority to render a decision that binds the agency. (e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer. FAR 52.219-28 Post Award small business Program Representation. FAR 52.252-2 Clauses Incorporated by reference. With the following two fill-ins: http://www.arnet.gov/far and http://farsite.hill.af.mil. FAR 52.252-6 with the following fill in: Defense Federal Acquisition Regulation 48 CFR Chapter 2. DFARS 252.212-7001 (Dev) Contract Terms and Conditions Deviation. AFFARS 5352.223-9000 Elimination of use of Class Ozone Depleting Substances. Clauses maybe accessed electronically in full text through http://farsite.hill.af.mil. Contractors must be actively registered with the Central Contractor Registration (CCR) at http://www.ccr.gov, at Wide Area Work Flow (WAWF) at http://wawf.eb.mil, and at Online Representations and Certifications Application (ORCA) at http://orca.bpn.gov. Response to this notice must be received via email, fax, mail, or delivery by 3 September 2010, no later than 4:30 PM Eastern Standard Time. Requests should be marked with Reference Number F1M3F10190A002-A ZPortal. Address questions to Elizabeth Billham, Contract Specialist, at (843) 963-5182, fax (843) 963-5183, email: libby.billham@charleston.af.mil or Jacqueline Brown, Contracting Officer, Phone (843) 963-5857, email Jacqueline.Brown@charleston.af.mil . For more opportunities, visit http://www.selltoairforce.org, and http://www.sba.gov.