The US Department of Commerce (DOC), National Oceanic and Atmospheric Administration (NOAA), Eastern Region Acquisition Division, Simplified Acquisition Team intends to negotiate on a sole source basis with Immixtechnology, Inc. using the procedures in FAR Parts 6 and 13, for annual maintenance and data subscription for Spectrum software with Pitney Bowes Software Inc. ("PBSI"). PBSI is the owner, developer, and manufacturer of the source code to the Software and has exclusive rights to distribute the Software or authorized resellers to distribute the Software on PBSI's behalf. PBSI has appointed Immixtechnology, Inc. as the sole reseller of PBSI products on the GSA Schedule GS-35F-0265X, where Immixtechnology, Inc. operates only as a reseller to GSA customers. All Software, maintenance and technical support services are provided by PBSO directly to GSA customers. The statutory authority for other than full and open competition is 41 USC 253(c)(1) as implemented by FAR 6.302-1, Only one responsible source. The provisions and clauses may be downloaded at http://www.arnet.gov/far. The following provisions and clauses shall apply to this solicitation: FAR 13.106-1(b) Soliciting Competition, FAR 13.106-2, Evaluation of Quotations or offers, FAR 52.212-1, Instructions to Offerors - Commercial, FAR 52.212-3, Offeror Representations and Certificates - Commercial Item, FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items. FAR 52.204-10, Reporting Executive compensation and First -Tier Subcontract Awards, FAR 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment, FAR 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations, 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 52.222-36, Affirmative Action for Workers with Disabilities, FAR 52.222-50, Combating Trafficking in Persons, FAR 52.225-18, Encouraging Contractor Policies to Ban Text Messaging while Driving, FAR 52.225-13, Restrictions on Certain Foreign Purchases, FAR 52.232-33, Payment be Electronic Funds Transfer-Central Contractor Registration, FAR 52.239-1, Privacy or Security Safeguards, FAR 52.222-41, Service Contract Act, FAR 52.222-42, Statement of Equivalent Rates for Federal Hires, CAM 1352.201-70 Contracting Officer Authority, CAM 1352.209-73, Compliance with the Laws, CAM 1352.209-74, Organizational Conflict of Interest, CAM 1352.246-70, Place of Acceptance. The North American Industry Classification Code (NAICS) for this acquisition is 423430 with a business size standard of 100 employees. This is not a solicitation for competitive quotes. However, if any other interested party believes that it can meet the requirements, it may submit a statement of capabilities, which if timely received, will be considered by NOAA. A statement of capabilities must be received by 11:00am, December 21, 2012 will be considered by the Government. A determination by the Government not to compete this proposed requirement 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 in the future. Evidence must be provided of ability to provide the required services. The capability statement and any other information furnished must be in writing, and must contain material in sufficient detail to allow NOAA to determine if the party can meet all of the foregoing requirements. Capability statements and related materials must be e-mailed to
[email protected] by 11:00am, December 21, 2012. Award will be made using FAR 13, Simplified acquisition procedures, current through FAC 2005-61.