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COMMERCE BUSINESS DAILY ISSUE OF NOVEMBER 5,1999 PSA#2470

Smithsonian Astrophysical Observatory, 60 Garden Street, Cambridge, Massachusetts 02138-1516

59 -- CABLE ASSEMBLIES FOR THE SMA CORRELATOR SECOND DOWN CONVERTER SOL RFQ-BF5641 DUE 111299 POC EJ Dotts, 617-496-7562, edotts@cfa.harvard.edu/Contracting Officer, Priscilla O. Waltner, 617-495-7401, pwaltner@cfa.harvard.edu The Smithsonian Astrophysical Observatory (SAO) intends to issue a sole source purchase order with Wesco Datacom for 1200 SSMT Right Angle Jacks to SMA Flange Mnt Jack 4", Wesco part number 1329780-1 and 400 SSMT Right Angle Jack to SMA Flange Mini Jack 8", Wesco part number 1312617-1. The proposed purchase order is for supplies for which SAO intends to solicit and negotiate with only one source under the authority of FAR 13.106-1(b). These cable assemblies are an exclusive design of M/A Com and are no longer being manufactured by them. There are no acceptable alternatives for either of these 2 cable assemblies. Wesco DataCom, a distributor of M/A Com parts, has arranged for one last production run of these assemblies. This is an exclusive arrangement between Wesco and M/A Comm. These cable assemblies are part of the Submillimeter Array Project's Correlator Second Down Converter and there are no equivalent parts available. Using parts other than the SSMT connectorized cables is not possible. The PC boards and mechanical layout have been designed to accept only the right angle SSMT parts. Use of any other parts would necessitate a major and expensive redesign of the Second Down Converter Assembly. This notice of intent is not a request for competitive quotes. However, all quotes received by the due date will be considered by SAO. A determination by SAO not to compete this proposed purchase order based upon responses to this notice is solely within the discretion of SAO. Information received will normally be considered solely for the purpose of determining whether to do a competitive procurement. 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 procurement will be conducted in accordance with Simplified Acquisition Procedures. This announcement constitutes the only solicitation; a written solicitation will not be issued. Solicitation number RFQ-BF5641 is issued as a Request for Quote (RFQ). The incorporated provisions and clauses are those in effect through FAC 97-14. The applicable SIC is 3643 with a size standard of 500. Delivery shall be within 3 months ARO. F.O.B. point shall be destination. The provision at 52.212-1, Instructions to Offerors-Commercial, applies to this acquisition. Offerors shall include a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items (Oct 1999), with its offer. This clause may be found on the Internet at the following site: http://www.arnet.gov/far/. Clause 52.212-4, Contract Terms and Conditions-Commercial Items (May 1999), applies to this acquisition. Addendum to FAR 5212-4: (d) Disputes. This paragraph is deleted in its entirety and replaced with the following: (1) Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Contracting Officer, who shall mail or otherwise furnish a copy thereof to the contractor. This decision shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the Contractor mails or otherwise furnishes to the Contracting Officer a written appeal addressed to the Secretary of the Institution. The decision of the Secretary of the Institution or his/her duly authorized representative for the determination of such appeals shall be final and conclusive unless determined to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous necessarily to imply bad faith, or not supported by substantial evidence. The Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the contract and in accordance with Contracting Officer's decision. (2) The "Disputes" clause does not preclude consideration of law questions in connection with decisions provided for in (1) above, provided that nothing in this contract shall be construed as making final the decision of any administrative official, representative, or board on a question of law; (g) Invoice. Delete the following sentence: "Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) Circular A-125, Prompt Payment"; (i) Payment. This paragraph is deleted in its entirety and replaced with the following: Payment shall be made for items accepted by the SAO that have been delivered to the delivery destinations set forth in this contract. If the SAO makes payment by Electronic Funds Transfer (EFT), see 52.212-5(b) for the appropriate EFT clause. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. The clause at 52.215-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (May 1999) is incorporated by reference. However, for paragraph (b) only the following clauses apply to this acquisition: FAR 52.222-21, Prohibition of Segregated Facilities; FAR 52.222-26, Equal Opportunity; FAR 52.222-35, Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era; FAR 52.222-36, Affirmative Action for Workers with Disabilities; FAR 52.222-37, Employment Reports on Disabled Veterans and Veterans of the Vietnam Era; and FAR 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration. Any references to the "Government" in the above provisions and clauses shall be deemed to mean the Smithsonian Institution. In addition, the following clause shall be included in any resultant purchase order: USE OF THE SMITHSONIAN NAME -- The name "Smithsonian Institution" is a registered trademark. Except as may be otherwise provided herein, the contractor shall not refer to the Smithsonian Institution or to any of its museums, organizations, or facilities in any manner or through any medium, whether written, oral, or visual, for any purpose whatsoever, including but not limited to, advertising, marketing, promotion, publicity, or solicitation, without the prior written approval of the Contracting Officer. DUE DATE FOR QUOTES IS FRIDAY, NOVEMBER 12, 1999, 1500 local time. An original and 1 copy of each offer shall be submitted to the following address: Smithsonian Astrophysical Observatory, 60 Garden Street M/S 22, Cambridge, MA 02138-1516, ATTN: EJ Dotts. No facsimile quotes will be accepted. All quotes must be marked with the RFQ number. Questions or comments may be directed to EJ Dotts at 617-496-7562 or via email at edotts@cfa.harvard.edu. Posted 11/03/99 (W-SN397653). (0307)

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