FEDBIZOPS NOTICE OF INTENT FOR SOLE SOURCE

The 10CONS/LGCB, Operational Contracting Office, USAF Academy, US Air Force Academy received a Sole Source/Brand Name Only justification for the purchase of SATEC Load Frame Software Upgrade (Partner Software) to Instron, 825 University Ave, Norwood MA 02062. This procurement is for the acquisition of a sole source commercial item using simplified procedures in accordance with FAR Part 13.

The North American Industrial Classification System (NAICS) number is 511210 and the business size standard is $25,000,000.
   a. Only one responsible source and no other item will satisfy the USAFA  
       requirement.
   b. The Department of Engineering Mechanics (DFEM) Applied Mechanics
       Laboratory has six electro-mechanical load frames used to support
       numerous cadet courses and projects; however, DFEM will soon be unable
       to support these machines as the current software used is five years old
       and DFEM can no longer obtain support. The age of the software makes 
       it difficult to program the machines to run tests. Instron is now the owner
       of SATEC, the OEM for the machines. Instron is the only approved source
       for this software upgrade. Instron has proprietary rights to this software
       and directly provides all upgrades, patches, and releases for the software
       and all technical support.
   c. This request is issued for the USAF Academy Department of Engineering
       Mechanics. Instron is the only known source that meets the USAFA
       requirements.

This synopsis is for informational purposes only and does not constitute a solicitation for bids or proposals. DO NOT submit a bid/quote at this time.

Any offerors believing they can provide the required Instron Partner Software upgrade with all of the features and functions of the requirement described above may provide evidence for consideration. Evidence must support the offeror's claim they can provide this brand name or equal. All qualified sources may submit a response, which if timely received, will be considered by this agency. Information received will be considered solely for the purpose of determining whether a competitive procurement can be conducted. A determination not to compete this proposed procurement based on response to this notice is solely within the discretion of the Government. Responses must be received NLT 12:00 pm Mountain Standard Time (MST) on 14 September 2012. Responses received after this will be considered late IAW FAR 52.212-1(f) and may not be evaluated.

The Government does not intend to pay for any information provided under this announcement. Contractors must have a current registration with the System for Award Management (SAM) at http://www.sam.gov.

Questions should be addressed to the Primary POC Karen Jackson, Contract Specialist, (719) 333-4060 or sent via e-mail to [email protected]. Alternate POC is Robert Reyes, Contracting Officer, (719) 333-8267 or emailed at [email protected].

5352.201-9101 OMBUDSMAN (Apr 2010)

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the party to another official who can resolve the concern

(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).

(c) If resolution cannot be made by the contracting officer, concerned parties may contact the USAF Academy Ombudsmen,

Kelly Snyder
8110 Industrial Drive, Ste 103
USAFA, CO 80840
Telephone number 719-333-2074
FAX 719-333-2379
email: [email protected]

Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU or ARISRA level, may be brought by the concerned party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (703) 588-7004, facsimile number (703) 588-1067.

(d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer.

(End of clause)