The U.S. Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), Simplified Acquisition Team intends to negotiate on a sole source basis with Beacon Systems, Inc using the procedures in FAR Parts 6 and 13. The NESDIS Office, Information Systems Management Division has a requirement to provide maintenance of Legato backup operations system.

This maintenance is operated under a license previously purchase from Legato . This software, associated documents and upgrades need to be kept up to date, taking into consideration of improvement and changing hardware. Beacon Systems, Inc is the sole provider for the Legato Systems maintenance.

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 541511, 23.0 million small business size standards. 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 quote meets all of the foregoing requirements. Capability statements and related materials must be e-mailed to [email protected] or faxed to (301) 713-0808 by July 30, 2009. Award will be made using FAR 30, Simplified acquisition procedures, current through FAC 2005-35. The determination to compete or not to compete the 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.