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COMMERCE BUSINESS DAILY ISSUE OF APRIL 12,2000 PSA#2577

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

70 -- EUREKA PORTAL SOFTWARE LICENSES AND MAINTENANCE SOL N00421-00-Q-0263 DUE 042400 POC Susan J. Denham, Contract Specialist, (301)862-8925 E-MAIL: click here to contact the contract specialist via, DenhamSJ@navair.navy.mil. This is a sole-source 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; quotations are being requested and a written solicitation will not be issued. Solicitation Number N00421-00-Q-0263 is issued as a request for quote (RFQ). The incorporated document and provisions and clauses are those in effect through Federal Acquisition Circular 97-15 and Defense Federal Acquisition Regulations Supplement Change Notice 20000316. This action is not set aside for small business. The Government intends to purchase on a firm fixed-price basis and to solicit and negotiate the proposed contract for EUREKA Portal software licenses and maintenance package on a sole source basis with Sterling Software (Northern), Inc., 7905 Golden Triangle Drive, Suite 190, Eden Prairie, MN 55344-7227, for the part numbers listed below, under the authority of FAR Part 6.302-1 (Only one responsible source and no other supplies or services will satisfy agency requirements). Sterling Software (Northern), Inc. possesses sole proprietary rights to the manufacture and distribution of this product. The EUREKA Portal software licenses and maintenance package are required to support Post Fielding Support Analysis (PFSA) for the Naval Aviation Logistics Information System (NALDA). The EUREKA Portal product is the only product that meets the Government's minimum requirements because it is the third component of the fully integrated and compatible EUREKA software suite. The contract line item numbers and description are** CLIN 0001 -- EUREKA: Portal Licenses (100 Concurrent Users); CLIN 0002 -- Maintenance for Licenses (Line Item #1); CLIN 0003 -- Installation Support. The quotation along with completed representations and certifications is due by 24 April 2000. Award is expected to be 24 April 2000 with an expected delivery date of 2 Days ARO. FOB Destination to Receiving Officer, NAWCAD, Bldg 8115, Villa Road, St. Inigoes, MD 20684-0010; M/F: Lea Weaver, Code 4.5.8.6. 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 (NOV 1999) 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 Sterling Software's quotation for fairness and reasonableness in accordance with simplified procedures as defined in FAR Part 13 prior to making an award. The offeror shall provide back-up information that verifies the price offered. This could consist of a copy of the current catalog or price list; invoices from previous sales of the identical item(s); etc. Offeror shall include a completed copy of the provision at FAR 52.212-3, OFFEROR REPRESENTATIONS AND CERTIFICATIONS ALT I -- COMMERCIAL (FEB 2000) with its quotation. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (MAY 1999) 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 lap 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 (FEB 2000) appliesto this acquisition. (a) The Contractor agrees to comply with the following FAR clauses, which are incorporated in this contract by reference, to implement provisions of law or executive orders applicable to acquisitions of commercial items: (1) 52.222-3, Convict Labor (E.O. 11755); (2) 52.225-13, Restriction on Certain Foreign Purchase (E.O.'s 12722, 12724, 13059, 13067; and (3) 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 contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items or components: (1) 52.203-6, Restrictions on Subcontractor Sales to the Government, with Alternate I (41 U.S.C. 253g and 10 U.S.C 2402); (2) 52.222-21, Prohibited Segregated Facilities (Feb 1999); (3) 52.222-26, Equal Opportunity (E.O. 11246); (4) 52.222-35, Affirmative Action for Special Disabled Veterans and Veteransof the Vietnam Era Veterans (38 U.S.C. 4212); (5) 52.222-36, Affirmative Action for Workers with Disabilities (29 U.S.C. 793); (6) 52.222-37, Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era (38 U.S.C. 4212); (7) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (31 U.S.C. 3332). (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 (MAR 2000) 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. 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 2000) applies to this solicitation. THIS NOTICE OF INTENT IS NOT A REQUEST FOR COMPETITIVE QUOTATIONS. However, responsible interested parties may submit a quotation 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 3:30 P.M. Eastern Standard Time, 24 April 2000. All quotations received by 3:30P.M. Eastern Standard Time 24 April 2000 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 quotations 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. 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 #N00421-00-Q-0263. ** Posted 04/06/00 (W-SN442147). (0097)

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