News Column

Special Notice - CONTINUED IRIDIUM SATELITE SERVICE

May 29, 2014



Notice Type: Special Notice

Posted Date: 28-MAY-14

Office Address: Department of Commerce; National Oceanic and Atmospheric Administration (NOAA); Western Region Acquisition Division; 7600 Sand Point Way, Northeast Seattle WA 98115-6349

Subject: CONTINUED IRIDIUM SATELITE SERVICE

Classification Code: D - Information technology services, including telecommunications services

Solicitation Number: PMEL-14-01049

Contact: Benjamin A. Carlson, Acquisition Management Specialist, Phone 2065264321, Email ben.carlson@noaa.gov

Setaside: N/AN/A

Place of Performance (address): Seattle, WASeattle, WA

Place of Performance (zipcode): 98115

Place of Performance Country: US

Description: Department of Commerce

National Oceanic and Atmospheric Administration (NOAA)

Western Region Acquisition Division

SPECIAL NOTICE - INTENT TO AWARD ON A SOLE SOURCE BASIS CONTINUED IRIDIUM SATELITE SERVICE (I) This is a special notice for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice and in accordance with the simplified acquisition procedures authorized in FAR Part 13. This announcement constitutes the intent to award on a SOLE SOURCE basis; proposals are not being requested and a written solicitation will not be issued.

(II) This is issued as a notice of intent to sole source with Inmarsat Solutions., no other quotes will be considered under this notice PMEL-14-01049.

(III) The incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-73.

(IV) This award will be issued with no Set-Aside. The associated NAICS code is 517410.

(V) This award is for purchase of the following commercial items: Iridium Satelite Service per Statement of Work

(VI) Description of requirements is as follows: Per Statement of Work (VII) Date(s) and place(s) of delivery and acceptance: 31 July. 2014. Delivery shall be FOB Origin.

THE FOLLOWING PROVISIONS AND CLAUSES APPLY TO THIS ACQUISITION

FAR 52.212-1, Instructions to Offerors -- Commercial Items applies to this acquisition. 52.204-99 -- System for Award Management Registration (DEVIATION)

FAR 52.212-3, Offeror Representations and Certifications - Commercial Items

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 applies to this acquisition.

FAR 52.217-8 Option to Extend Services

CAR 1352.201-70 Contracting Officer's Authority CAR 1352.209-73 Compliance with the Laws CAR 1352.209-74 Organizational Conflict of Interest CAR 1352.233-70 Agency Protests 52.204-99 -- System for Award Management Registration (DEVIATION) CAR 1352.233-71 GAO and Court of Federal Claims Protests FAR 52.247-34 F.O.B. Destination

52.232-39 - Unenforceability of Unauthorized Obligations.

(a) Except as stated in paragraph (b) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement , that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(1) Any such clause is unenforceable against the Government.

(2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulation and procedures.

(End of clause)

Assurance by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2012)

(1) In accordance with Sections 543 and 544 of Public Law 112-55 Commerce, Justice, Science, and Related Agencies Appropriations Act 2012, Title V (General Provisions) none of the funds made available by that Act may be used to enter into a contract with any corporation that-

(a) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(b) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(2) By accepting this award or order, in writing or by performance, the offeror/contractor assures that -

(a) The offeror/contractor is not a corporation convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(b) The offeror/contractor is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreements with the authority responsible for collecting the tax liability.

(End of Provision)

Questions must be emailed to the attention of Ben Carlson. The email address is Ben.Carlson@noaa.gov , 206-526-4321.

Questions must be emailed to the attention of Ben Carlson. The email address is Ben.Carlson@noaa.gov , 206-526-4321.

Link/URL: https://www.fbo.gov/spg/DOC/NOAA/WASC/PMEL-14-01049/listing.html


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