Department of the Navy, NAWCAD Contracts Competency Division, Villa Road, Bldg. 8110, St. Inigoes, Maryland 20684-0010

70 -- WIND RIVER SYSTEMS VXWORKS LICENSE SOL N00421-99-Q-1057 DUE 030599 POC Susan J. Denham, Contract Specialist (301) 862-8925; Larry Mattingly, Contracting Officer (301) 862-8119 E-MAIL: click here to contact the contract specialist via, DenhamSJ@navair.navy.mil. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in the Federal Acquisition Regulation (FAR), Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Solicitation Number N00421-99-Q-1057 is issued as a request for quote (RFQ). The incorporated document and provisions and clauses are those in effect through Federal Acquisition Circular 97-09 and Defense Acquisition Circular 91-13. This action is not set aside for small businesses. The Government intends to purchase on a firm fixed-price basis and to solicit and negotiate the proposed contract on a sole source basis with Wind River Systems for the part numbers listed below, under the authority of FAR Part 6.302-1. Wind River Systems is the sole qualified supplier of the software required to upgrade and maintain the AN/UPX-36(V) Combat Identification System at the present time. The contract line item numbers and description are: **CLIN 0001 VXWORKS License, lot of 100, and CLIN 0002 VXWORKS License, lot of 42. Award is expected to be 5 March 1999 with an expected delivery date of 10 days ARO FOB Destination to Receiving Officer, NAWCAD, Bldg 8115, Villa Road, St. Inigoes, MD 20684-0010; M/F: T.Guidotto 4.5.8.2.3. Inspection and acceptance shall be made at destination. The contractor shall extend to the Government full coverage of any standard commercial warranty normally offered in a similar commercial sale. Acceptance of the warranty does not waive the Government's rights under the Inspection clause, nor does it limit the Government's rights with regard to the other terms and conditions of this contract. In the event of a conflict the terms and conditions of the contract shall take precedence over the warranty. The warranty period shall begin upon final acceptance of the applicable deliverable listed in the schedule. FAR 52.212-1 INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS (AUG 1998) is incorporated by reference and applies to this acquisition. The provision at 52.212-2 EVALUATION COMMERCIAL ITEMS (JAN 1999) does not apply to this acquisition. The Government will evaluate Wind River Systems' proposal for fairness and reasonableness in accordance with FAR Part 15 before making an award. Offeror shall include a completed copy of the provision at FAR 52.212-3, OFFEROR REPRESENTATIONS AND CERTIFICATIONS ALT I -- COMMERCIAL (OCT 1998) with its proposal. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (APR 1998) is incorporated by reference and applies to this acquisition The following addendum is added: YEAR 2000 COMPLIANCE (OCT 1998) (a) The Contractor shall ensure that all information technology, which will be required to perform date/time processing involving dates subsequent to December 31, 1999, shall: (1) be Year 2000 compliant or (2) if the Contracting Officer approves in writing, the identified information technology will be upgraded to be Year 2000 compliant prior to the earlier of: (I) the earliest date on which the information technology may be required to perform date/time processing involving dates later than December 31, 1999 or (ii) December 31, 1999; and (3) Describe existing information that will be used with the information technology to be acquired and identify whether the existing information is Year 2000 compliant. (b) "Year 2000 compliant" means, with respect to information technology, that the information technology accurately processes date/time data (including but not limited to, calculating, comparing and sequencing) from, into, and between the twentieth and twenty-first centuries, and the years 1999 and 2000 and leap year calculations, used in combination with the information technology being acquired, properly exchanges date/time data with it. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS ([JAN 1999]*[OCT 1998]) applies to this acquisition. (a) The Contractor agrees to comply with the following FAR clauses, which are incorporated in this solicitation by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: 52.222-3, Convict Labor (E.O. 11755); and (2) 52.233-3, Protest After Award (31 U.S.C 3553). (b) The Contractor agrees to comply with the FAR clauses in this paragraph (b) which the contracting officer has indicated as being incorporated in this solicitation by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items or components 52.222-26, Equal Opportunity (E.O. 11246). 52.222-35, Affirmative Action for Special Disabled Veterans and Veterans of the Vietnam Era Veterans (38 U.S.C. 4212). 52.222-36, Affirmative Action for Workers with Disabilities (29 U.S.C. 793). 52.222-37, Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era (38 U.S.C. 4212). 52.225-18, European Union Sanction for End Products (E.O. 12849). (e) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) or (d) of this clause, the Contractor is not required to include any FAR clause, other than those listed below (and as may be required by an addenda to this paragraph to establish the reasonableness of prices under Part 15), in a subcontract for commercial items or commercial components -- (1) 52.222-26, Equal Opportunity (E.O. 11246); (2) 52.222-35, Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era (38 U.S.C. 4212); (3) 52.222-36, Affirmative Action for Workers with Disabilities (29 U.S.C. 793); and (4) 52.247-64, Preference for Privately Owned U.S.-Flagged Commercial Vessels (46 U.S.C. 1241) (flow down not required for subcontracts awarded beginning May 1, 1996). **End of clause** DFARS 252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (OCT 1998) is incorporated by reference. The Contractor agrees to comply with the following list of DFARS clauses which are included in this solicitation by reference to implement provisions of law or Executive Orders applicable to acquisitions of commercial items or components 252.225-7001, Buy American Act and Balance of Payment Program (41 U.S.C. 10a,-10d, E.O. 10582) (c) In addition to the clauses listed in paragraph (e) of 252.212-7001 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items clause of this contract, the Contractor shall include the terms of the following clause, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract: 252.225-7014, Preference for Domestic Specialty Metals, Alternate I (10 U.S.C. 2241 note). The provision at 252.204-7004 Required Central Contractor Registration (MAR 1998) applies to this solicitation. This notice of intent is not a request for competitive proposals. However, responsible interested parties may submit a proposal in which they identify their interest and capability. Offer is due to Susan Denham, Contract Specialist, Naval Air Warfare Center Aircraft Division, Building 8110, Unit 11, Villa Rd., St. Inigoes, MD 20684-0010 by 2:30 P.M. Eastern Standard Time, 5 March 1999. All proposals received by 2:30P.M. Eastern Standard Time 5 March 1999 will be considered by the Government solely for the purpose of determining whether to initiate a competitive procurement. The Government reserves the right to process the procurement on a sole source basis based upon the responses received. The Government will not pay for any information received. Facsimile proposals shall be accepted. For information regarding this solicitation or copies of FAR provision 52.212-3 contact Susan Denham, Code 254113, Tele#301-862-8925 or via e-mail: DenhamSJ@navair .navy.mil. If an offeror is not able to contact the Contracting Office via e-mail, please fax correspondence/requests to the point of contact above @ facsimile (301-862-8670). **END SYNOPSIS/SOLICITATION #N00421-99-Q-1057.** Posted 02/18/99 (W-SN299904). (0049)

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