This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Part Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; a written solicitation (paper copy) will not be issued.

Solicitation W9124Q-09-SOFTWARE is issued as a sole source requirement to renew a proprietary software maintenance agreement and extend the equipment warranty; this is inaccordance with FAR 6.302-1. The Justification & Approval document will be posted to https://www.fbo.gov and http://143.84.21.9/DOCPA/pages/sol stat.htm. 14 days after contract award.

  
The Mission and Installation Contracting Command, White Sands Directorate intends to award to JDS Uniphase Corporation (JDSU), 430 N. McCarthy BLVD, Milpitas, CA 95035-511.

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-32 and Defense Federal Acquisition Regulation Supplement Change Notice (DCN) 20090115. See http://farsite.hill.af.mil/ for the full text of all provisions and clauses incorporated by reference herein.

The NAICS code for this requirement is 511210 and the size standard is $25M.

The period of performance will begin on the effective date of contract award and continue for a twelve (12) month period with the intent to award four option year periods of performance. The place of performance is White Sands Missile Range, NM.

The provision at 52.212-1, Instructions to Offerors - Commercial Items (Nov 2007), applies to this acquisition. Addenda to the following paragraphs of 52.212-1 are:

(b) A written proposal/quote is due at or before 12:00 PM, 5 May 2009. Submit via email to: [email protected] . All questions regarding this combined synopsis/solicitation shall be emailed to: [email protected].

Note: This solicitation contains the following Firm-Fixed-Price line items:

Contract Line Item           Description:                 Unit Price      QTY
0001                              Software Maintenance                        1 Year
0002                              Equipment Warranty                           1 Year
1001                              Software Maintenance                        1 Year
1002                              Equipment Warranty                           1 Year
2001                              Software Maintenance                        1 Year
2002                              Equipment Warranty                           1 Year
3001                              Software Maintenance                        1 Year
3002                              Equipment Warranty                           1 Year
4001                              Software Maintenance                        1 Year
4002                              Equipment Warranty                           1 Year

(k) Central Contractor Registration. Contractor must be registered in the CCR database to receive a contract award. CCR website is: http://www.ccr.gov/.

The representations and certifications found in the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items (Feb 2009) must be completed electronically on the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. Therefore, offerors are required to complete only paragraph (l) of this provision and submit it with their offer/proposal. In addition, offerors shall complete and submit the representations/certifications at 52.212-7000, Offeror Representations and Certifications--Commercial Items (Jun 2005).
The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items (Mar 2009), applies to this acquisition.
The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items (Mar 2009), applies to this acquisition. The following additional FAR clauses cited in the clause are applicable to this acquisition:
52.222-3, Convict Labor (June 2003)
52.222-19, Child Labor Coorperation with Authorities and Remedies (Feb 2008) (E.O. 13126).
52.222-21, Prohibition of Segregated Facilities (Feb 1999).
52.222-26, Equal Opportunity (Mar 2007)
52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998)
52.222-50, Combating Trafficking in Persons (Aug 2007)
52.225-13, Restrictions on Certain Foreign Purchases (Feb 2006)
52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct. 2003)
52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332).
52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a).
52.222-41, Service Contract Act of 1965, as Amended (Nov 2007)
The clause at 252.212-7001, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders Applicable to Defense Acquisitions of Commercial Items (Jan 2009), applies to this acquisition. The following additional FAR and DFARs clauses cited in the clause are applicable to this acquisition:
252.225-7001, Buy American Act and Balance Payments Program (Jan 2009).
252.232-7003 Electronic Submission of Payment Requests (MAR 2008).
252.247-7023 ALT III Transportation of Supplies by Sea (MAY 2002).
The following additional DFARs provisions and clauses also apply:
252.204-7004 Alt A, Central Contractor Registration (52.204-7) Alternate A Sep 2007
252.211-7003, Item Identification and Valuation Aug 2008.
252.225-7002, Qualifying Country Sources As Subcontractors Apr 2003.
252.232-7010, Levies on Contract Payments (Dec 2006).
The FAR clause 52.217-8, Option to Extend Services Nov 1999 applies to this acquisition.