PURCHASE OF HARDWARE SERVICE AGREEMENT

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in FAR Subpart 12.6 as supplement with additional information in this notice. This announcement constitutes the ONLY solicitation and no other solicitation document will be issued. This solicitation is issued as a Request For Quote number RFQ HSCG44-11-Q-PCZ355. This number is for tracking purposes only. Solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 05-53. This procurement will be processed in accordance with FAR Part 12 and 13. The North American Industry Classification System (NAICS) is 334119. The SBA size standard is 1000 Employees. Due to this Acquisition being considered to be a Sole Source Procurement it is not anticipated that the Contracting Officer will receive 2 or more Offers from qualified Small Business Concerns; therefore IAW FAR 19.502-2(a), This IS NOT A Small Business Set-A-Side. The USCG Command, Control and Communications Engineering Center (C3CEN) Portsmouth, VA. 23703, intends to purchase on a non-competitive basis by awarding a Firm Fixed Purchase Order Contract to: National Instruments Corporation, for Annual Hardware Service Warranty Agreement with the option of four (4) one year renewal terms. This service agreement is for the maintenance, repair and calibrations services required for USCG C3CEN ERF Baltimore's PXI based Automated Testing Equipment manufactured by National Instruments Inc. The proposed contract action resulting from this synopsis/solicitation for commercial services is the Government's intention to solicit and negotiate with only one source under the authority of FAR 6.302.1 and 13.106-1(b). Interested persons/parties may indentify their interest and capability to respond to the requirement or submit proposals. This notice of intent is not a request for competitive proposals. However, all proposals received within 5 days after date of publication of this synopsis/solicitation will be considered by the Government. A determination by the Government not to compete with this proposed contract 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, and for informational purposes. The contractor for this proposed Sole Source contract is: National Instruments Corporation, Cage Code 64667. A current CCR Data Search and EPLS Data Search were conducted on this Contractor by the Contracting Officer. This Contractor is current/active in CCR and does not appear on the EPLS List. Data Search date: Aug/05/2011. This is considered to be a Sole Source Acquisition. See attached Justification for Other than Full and Open Competition (JOTFOC) Document below. Period of Performance (POP): Base Period: 1 Year, Start: 09/12/2011 End: 09/11/2012 Option Year 1: Start: 09/12/2012 End: 09/11/2013 Option Year 2: Start: 09/12/2013 End: 09/11/2014 Option Year 3: Start: 09/12/2014 End: 09/11/2015 Option Year 4: Start: 09/12/2015 End: 09/11/2016 Schedule B: Line Item 1 BASE PERIOD- 1 YR of Warranty Service for PXI based Automated Testing Equipment. POP Service Dates 09/12/2011 thru 09/11/2012 Unit Price per month Total Price for 12 month period Line Item 2: Option Year 1- 1 YR of Warranty Service Unit Price per month Total Price for 12 month period Line Item 3: Option Year 2 -1 YR of Warranty Service Unit Price per month Total Price for 12 month period Line Item 4: Option Year 3 -1 YR of Warranty Service. Unit Price per month Total Price for 12 month period Line Item 5: Option Year 4- 1 YR of Warranty Service. Unit Price per month Total Price for 12 month period NOTE: The Government is not obligated nor required to Exercise any Option Period of the awarded contract. The Government intends to award a Contract resulting from this solicitation to the responsible bidder proposal conforming to the solicitation which will be most advantageous and Best Value to the Government, price and other factors considered. FIRM FIXED Price Proposals may be submitted on company letterhead and must include the following information: Cost Breakdown, Unit Price, Extended Price, Payment Terms and discount offered for prompt payment. The closing date and time for receipt of offers is AUG/30/2011@1:00PM EST. Facsimile and Email quotes are acceptable and may be faxed to (757) 686-4018 or Emailed to the POC James A. Lassiter, Contracting Officer, [email protected] and Steven K. Schultz, Contract Specialist, [email protected]. *PLEASE NOTE* Offerors are to provide Firm Fixed Prices, by AUG/30/2011@ 7:00PM EST . The Anticipated Award Date for the Purchase Order Contract is AUG/31/2011. This date is approximate and not exact (firm). The Following FAR Provisions apply to this Acquisition: FAR 52.212-1 Instructions to Offerors FAR 52.212-2 Evaluation-Commercial Items (a) Overall Best Value to the Government FAR 52.212-3 Offeror Representations and Certifications-Commercial Items, Offerors should be registered in CCR The Following FAR Clauses apply to this Acquisition: FAR 52.212-4 Contract Terms and Conditions-Commercial Items FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items The government intends to award a Purchase Order Contract resulting from this solicitation to the responsible bidder/offeror quotation conforming to the solicitation which will be most advantageous and Overall BEST VALUE to the Government, price and other factors considered. FAR 52.212-1 Instructions to Offerors-Commercial Items (JUN 2008), FAR 52.212-2 Evaluation-Commercial Items (JAN 1999); award will be made to the Offeror proposing the Best Value to the Government considering specification, price, delivery, and past performance, and quality. FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (JAN 2011) to include Alt I (APR 2002). These certifications must be included with quote and can be accessed and downloaded via FedBizOps with this RFQ. Contractors are encouraged to submit through http://orca.bpn.gov FAR 52.232-1 Payments FAR 52.232-12 Advance Payments FAR 52.212-4 Contract Terms and Conditions -Commercial Items (JUNE 2010) with the following addendas: OPTIONS: 52.217-5 Evaluation of Options (JULY 1990) 52.217-9 Option to Extend the Term of the Contract (March 2000) OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months. (End of clause) The following FAR clause applies to Line Items 2-5 only. 52.232-18 Availability of Funds. (Apr 1984) Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer. (End of clause) FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998), the full text of the clause may be accessed electronically at Internet address http://www.arnet.gov/far; A Data Universal Numbering System (DUNS) Number is the primary identifier in FAR 52.204-7 Central Contractor Registration (CCR) (Jul 2006). Contractors are located and identified in CCR by their DUNS number. To facilitate payment via Electronic Funds Transfer - CCR, contractors should be registered in the CCR. A DUNS Number can be obtained via www.dnb.com and CCR registration can be obtained via www.ccr.dlis.dla.mil FAR 52.212-5, Contract Terms and Conditions to Implement Statutes or Executive Orders Commercial Items (AUG 2011). The following Clauses and others as indicated by the Contracting Officer as applicable shall apply to the awarded contract. FAR 52.222-50 Combating Trafficking in Persons (FEB 2009) FAR 52.233-3 Protest After Award (AUG 1996) FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) FAR 52.222-3 Convict Labor (June 2003) FAR 52.222-19 Child Labor-Cooperation with Authorities and Remedies (AUG 2009) (E.O. 13126); FAR 52.222-21 Prohibition of Segregated Facilities (FEB 1999) FAR 52.222-26 Equal Opportunity (MAR 2007) (E.O. 11246), FAR 52.222-35 Equal Opportunity for Special Disable Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEPT 2006) (38 U.S.C. 4212), FAR 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793), FAR 52.222-37 Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era, and Other Eligible Veterans (SEPT 2006) (38 U.S.C. 4212), FAR 52.223-18 Contractor Policy to Ban Text Messaging While Driving (SEPT 2010) FAR 52.225-1 Buy American Act-Supplies (FEB 2009) FAR 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) (E.O. 12722, 12724, 13059.13067,13121, and 13129) FAR52.232-33 Payment by Electronic Funds Transfer-Central Contractor Registration (OCT 2003) (31 U.S.C. 3332) The above/following clauses are incorporated by reference. Entire clause(s) are available at http://www.arnet.gov/far. NOTICE TO OFFERORS CONCERNING REPRESENTATIONS AND CERTIFICATIONS: This solicitation contains FAR Clause 52.204-7, Central Contractor Registration and FAR Provision 52.204-8, Annual Representations and Certifications. In accordance with FAR 4.1201 prospective contractors are required to submit annual representations and certifications via the Online Representations and Certifications Application (ORCA) at http://orca.bpn.gov. Please ensure completion prior to submission of your quote. Also note that paragraph (b) of FAR 52.204-8, applies. Justification for Other than Full and Open Competition Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by FAR Subpat16.3, HSAR 3006.3, HSAM 3006.3, CGAP 1206.3, and in accordance with (IAW) requirements of FAR 6.303-1, the justification for the use of the statutory authority under FAR Subpart 6.302-1 is justified by the following facts and rationale required under FAR 6.303-2 as follows: 1) Agency and Contracting Activity: The US Coast Guard, Command, Control and Communication Engineering Center (C3CEN), proposes to enter into a contract on a basis other than full and open competition. 2) Nature and/or description of the action being approved: The U.S. Coast Guard C3CEN ERF has a requirement, on a sole source basis, for an annual maintenance service coverage on U.S. Coast Guard owned PXI based Automated Testing Equipment (ATE) manufactured by National Instruments Inc. The PXI based ATE by N.I. Inc. is used in support of centralized depot testing and fault finding analysis on a wide array of U.S. Coast Guard owned electronic circuit cards used in Navigation, Communications and Propulsion Control systems. It is intended to award a requirements contract for a base year and four optional one-year terms to National Instruments Inc. for continued warrantee coverage. This purchase provides repair, replacement and calibration for National Instruments PXI hardware investment valued near $100K. This service agreement is for the Command, Control, and Communications Engineering Center (C3CEN), Electronics Repair Facility (ERF) located at 2401 Hawkins Point Road, Baltimore, MD 21226 3) Description of Services and Total Value: A purchase request will be issued for annual warrantee coverage on one U.S. Coast Guard owned PXI based ATE System manufactured by N.I. Inc located in the Electronics Repair Facility, 2401 Hawkins Point Road, Baltimore, MD 21226 Total Estimated Annual Value $10,000.00 This maintenance agreement service is provided by: National Instruments Corporation. 4) Identification of the Statutory Authority Permitting Other Than Full and Open Competition: This statutory authority permitting other than full and open competition is 10 USC 2304(c) (1) implemented by FAR Subpart 6.302-1, entitled "Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements". 5. Demonstration that the nature of the acquisition requires use of authority cited: National Instruments Inc. is the Original Equipment Manufacturer (OEM) of the PXI based ATE System, originally manufactured for the Electronics Repair Facility. The OEM specifications for these items are proprietary commercial property. The Coast Guard did not purchase this information when the PXI based ATE System from N.I. Inc. was originally procured. Adequate item information, documentation, and specifications are not available to develop an appropriate purchase description for full and open competition. National Instruments Inc. is the only known provider meeting system requirements for form, fit, function, configuration, records, and integration. Any variances could cause catastrophic damage to the existing PXI based ATE System in the ERF and pose a serious impact on the ability to continue centralized depot repair in support of marine Communications, Navigation and Propulsion Control Systems which could lead to increased jeopardy of safe navigation and operations within the marine environment. Market research did not yield any other repair facilities meeting Government requirements of being able to maintain and repair the PXI based ATE System manufactured by N.I. Inc. to OEM specifications to ensure compatibility with firmware/software needed to run the PXI based ATE System in the ERF. 6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable: In accordance with FAR Subpart 5.2, in an effort to solicit as many potential sources as practical, a sources sought synopsis will be posted on FedBizOps for the period of 5 days, advising industry that it is the Government's belief that only National Instruments, Inc. and their authorized distributors possess the necessary proprietary data to provide these service maintenance agreement services. In addition, the FedBizOps posting will state that any offerors that feel that they can meet the requirements may provide quotations/proposals. 7. Determination by the Contracting Officer that the anticipated cost to the government will be fair and reasonable: The Contracting Officer anticipates that the cost to the Government will be fair and reasonable based on market research conducted. The Automated test System is new and the system is open architecture, with the software curtailed to ERF Baltimore's requirements. 8. Description of Market Research: Market research as prescribed in FAR Part 10 was conducted by the Contracting Officer's Technical Representative. Market research did not yield any other repair facilities meeting Government requirements of being able to maintain and repair the PXI based ATE System manufactured by N.I. Inc. to OEM specifications. The market research showed that only National Instruments Inc. could provide the service to meet factory default specifications to ensure compatibility with the firmware/software used to run the PXI based ATE System. 9. Any other facts supporting the use of other than full and open competition: The material technical specifications and supplementary data are proprietary to the OEM and cannot be provided to other manufacturers, which eliminates any opportunities for full and open competition. The PXI based ATE System is critical to U.S. Coast Guard depot level electronics repair. Changes in design could lead to system malfunctions and negative impact to centralized depot repair operations. This purchase reduces the "downtime" of our state of the art, automated electronics test system to the lowest level possible while ensuring that all components of this system are in current calibration. This service agreement is the one best action we can take to provide the U.S. Coast Guard fleet with high quality circuit card testing in a smooth, uninterrupted manner. 10. Listing of sources, if any, that expressed, in writing, an interest in the acquisition: No sources expressed an interest in this solicitation. 11. Statement of actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisitions for supplies or services required: None at this time. 12. Contracting Officer's Certification: I certify that this requirement meets the Government's minimum need and that the supporting data, which forms a basis for the justification, is accurate and complete to the best of my knowledge. APPROVAL: Contracting Officer: James A. Lassiter, USCG Technical POC: Anthony S. Kritsings Sr., USCG