The US Department of Commerce (DOC), National Oceanic and Atmospheric Administration (NOAA), Strategic Sourcing Acquisition Division, intends to negotiate on a sole source basis with EMC Corporation, using the procedures in FAR Parts 6 and 13, to purchase maintenance of Legato backup operation system. See Specs. Doc. for software specifications. EMC Corporation is the sole developer and provider of this software. EMC Corporation is the only party known to NOAA who can meet these requirements. 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 North American Industry Classification Code (NAICS) for this acquisition is 511210 with a small business size standard of 100. 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. 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. Responses must also be accompanied by descriptive literature, warranties, and/or other information that demonstrates that the responses meet all of the foregoing requirements. Capability statements and related materials must be e-mailed to [email protected] by July, 19 2012. Award will be made using FAR 13, Simplified acquisition procedures, current through FAC 2005-58. The determination to compete or not complete this proposed contract based upon responses to this notice is solely within the discretion of the Government. The information received will be considered solely for the purpose of determining whether to conduct a competitive procurement. Please indicate NEEG3000-12-02536 on your quote.

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