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. The incorporated document and provisions and clauses are those in effect through Federal Acquisition Circular 2005-03 and DFARS Change Notice (DCN) 20050323. 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 VIASAT INC; 6155 EL CAMINO REAL; CARLSBAD, CA 92009 for the part numbers listed below, under the authority of FAR Part 6.302-1 - Only One Responsible Source. The listed items will support the FEMA NETWORK in the fielding of deployable communications network vehicles in order to interface with supported headquarters Local Area Networks (LANS).The contract line item number and description is as follows: 0001 1007841 Altasec KG-250 QTY 12; 0002 008595-0000 19� Rack Mount Adapter (VDC-500) QTY 4. The applicable NAICS is 334290 Other Communications Equipment Manufacturing and the small business size standard is 750 employees. Award is expected to be 16 November 2005. All items shall be delivered to Receiving Officer, NAWCAD; Bldg. 8115, Villa Rd.; St. Inigoes, MD 20684-0010. All CLINs shall be delivered within 2 weeks of contract placement. Inspection and acceptance shall be 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. 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 proposal. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (APR 1998) is incorporated by reference and applies to this acquisition. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDER--COMMERCIAL ITEMS (APRIL 1999) (DEVIATION) applies to this acquisition. (a) Comptroller General Examination of Record. The Contractor agrees to comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to the right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (b) 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). (5) 52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (May 1999). (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 (SEP 1999) is incorporated by reference. (a) The Contractor agrees to comply with the Defense Federal Acquisition Regulation Supplement (DFARS) clause 252.247-7023, Transportation of Supplies by Sea, which is included in this contract by reference to implement 10 U.S.C. 2631. (b) The Contractor agrees to comply with any clause that is checked on the following list of DFARS clauses which, if checked, is included in this contract 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 Payments Program (41 U.S.C. 10a-10d, E.O. 10582); 252.225-7036 Buy American Act--North American Free Trade Agreement Implementation Act--Balance of Payments Program. The provision at 252.204-7004 Required Central Contractor Registration (Mar 1998) applies to this solicitation. (c) In addition to the clauses listed in paragraph (e) of the 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). (End of clause); This sole source synopsis is not a request for competitive proposals. However, responsible interested parties may submit a proposal in which they identify their interest and capability. Proposal along with completed representations and certifications is due to Pat Riley, Contract Specialist, Naval Air Warfare Center Aircraft Division, Building 8110, Unit 11, Villa Road, St. Inigoes, Maryland 20684-0010 by 2:30 P.M. Eastern Standard Time, 14 NOVEMBER 2005. All proposals received by 2:30P.M. Eastern Standard Time 14 NOVEMBER 2005 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 Pat Riley, Code 251232, Tele# 301-995-6262. If an offeror is not able to contact the Contracting Office, please fax correspondence / requests to the point of contact above @ facsimile (301-995-8670) or e-mail to
[email protected]. **END SYNOPSIS/SOLICITATION PR0010153708.**