Loren Data's SAM Daily™

FBO DAILY ISSUE OF APRIL 23, 2005 FBO #1244
MODIFICATION

16 -- AIRCRAFT WORLDWIDE NAVAGATON DATA

Notice Date

4/21/2005
 

Notice Type

Modification
 

NAICS

511120 — Periodical Publishers
 

Contracting Office

Department of Justice, United States Marshals Service, Justice Prisoner & Alien Transportation System, 5900 Air Cargo Road, Oklahoma City, OK, 73159-1198
 

ZIP Code

73159-1198
 

Solicitation Number

DJMS-05-JPT-M-0257
 

Response Due

5/6/2005
 

Archive Date

5/21/2005
 

Point of Contact

Larry Park, Contract Specialist, Phone 405/680-3424, Fax 405/680-3466, - Larry Park, Contract Specialist, Phone 405/680-3424, Fax 405/680-3466,
 

E-Mail Address

larry.park@usdoj.gov, larry.park@usdoj.gov
 

Description

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Quotes are being requested and a written document will not be issued. DJMS-05-JPT-M-0257 is issued as a Request for Quotation (RFQ). The incorporated provisions and clauses are those in effect through the Federal Acquisition Circular 2005-03. The applicable NAICS number is 511120 and the small business standard is 500 employees. This is an unrestricted procurement. The contract will be awarded using simplified acquisition procedures in accordance with FAR 13.5. The FOB destination delivery via phone or e-mail to: USMS/JPATS 5900 Air Cargo Road, Oklahoma City, Ok 73159, on or before June 1, 2005. The United States Marshals Service (USMS)/ Justice Prisoner Alien Transportation System (JPATS) has a requirement for an aircraft worldwide navigational data base. This navigational data base shall be available to be customized to provide specific data within designated geographical areas of the world. The navigational data must be capable of providing airport information, high and low altitude airways, en-route and terminal way points, approach and holding procedures and company specific routes. For reasons of compatibility with existing JPATS aircraft navigational equipment/Flight Management Systems(FMS), the data shall be compatible with Smith Industries FMS systems as installed in Boeing 737-300, 400 and 500 series aircraft. One data base shall be 192K in size and one data base 1024K in size. The 192K data base will be utilized on two (2) aircraft and the 1024K data base on one aircraft. Navigational data must be available via phone or e-mail. The period of performance shall be for 13 navigational cycles, based on a 13 cycle year. Quotes should include unit pricing, availability, company Tax Identification Number and DUNS Number. All responsible sources may submit a quotation, which if timely received, shall be considered by this agency. The following FAR clauses apply to this solicitation. Offerors may obtain full text versions of these clauses electronically at http://www.arnet.gov/far.. FAR52.212-1 Instructions to Offerors- Commercial Items (July 2003). 52.212-2 Evaluation - Commercial Items - Pricing consideration and past performance are evaluation factors - (JAN 1999). FAR 52.212-3 Offeror Representations and Certifications - Commercial Items (May 2004) with alt 1 included. FAR 52.212-4 Contract terms and Conditions - Commercial Items (JAN 2004). Addenda is included tailoring FAR 52.212-4 (n) Title and FAR52.212-4 (o) Warranty to meet customary commercial practices. FAR 52.212-5 Contract terms or Conditions Required to Implement Statues or Executive Orders, Commercial Items (May 2004). The following clauses listed in 52.212-5 are incorporated : 52.219-8 Utilization of Small Business Concerns (May 2004) 15 U.S.C. 637(d) (2) and (3) ,52.222-3 Convict labor (June 2003)(E.O.11755), 52.222-21 Prohibition of Segregated Facilities (Feb 1999), 52.222-26 Equal Opportunity (E.O. 11246), 52.222-35 Affirmative Action for Disabled Veterans and Veterans to the Vietnam Era (29 U.S.C. 793), Affirmative Action for Workers with Disabilities 52.222-37, Employment Reports on Disabled Veterans and Veterans of the Vietnam Era (38 U.S.C.4212), 52.225-13, Restrictions on Certain Foreign Purchases (E.O.12722,12724,13059,13067,13121, and 13129), Payments by Electronic Funds Transfer Central Contractor Registration (Oct 2003)(21U.S.C. 332).DJMS-05-JPT-M-0257 ADDENDUM TO 52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2003) PARAGRAPHS (N) & (O) ARE TAILORED TO MEET CUSTOMARY COMMERCIAL PRACTICES AS FOLLOWS: 1. FAR 52.212-4(n) Title. A. The Contractor represents and the Government acknowledges and agrees that Contractor is the owner or authorized licensor of all Flight Information Services to be provided hereunder and all the independently created compilations of information contained therein, and that Contractor owns valid copyrights for all such items except for information and materials provided by Government. All copyright provisions apply except that NavData may be stored in a retrieval system as required for the purposes described herein. B. The Contractor hereby grants to the Government a limited, nonexclusive and non-transferable license to use the Contractor-supplied Smith Industries Flight Management Computer System (SI FMCS) NavData Service on the terms and conditions set forth herein. C. The SI FMCS NavData Service provided under this Agreement may be used by the Government only for the purpose of updating SI FMCS equipment operated by The Government and in flight simulator and maintenance test equipment operated by The Government to support such SI FMCS. The SI FMCS NavData Service, computer media, computer files, printouts or information content may not be used for any other purpose, nor be sold or given by the Government to any third party whatsoever, including without limitation any subsidiary, affiliate, alliance partner, or lessee of Government?s aircraft for any use whatsoever without the express written permission of Contractor. Use of Contractor NavData by the Government to generate aviation charts or maps, whether for reference only or actual air navigation, is expressly prohibited. This Agreement does not restrict Contractor in any way from providing NavData services to other air carriers or any other users. D. The Contractor and the Government acknowledge that (i) The Government is the ?end-user? of the data that is the subject of this Agreement, and (ii) Requirements and Technical Concepts for Aviation, Inc. (RTCA) document DO-200A and European Organization for Civil Aviation Equipment (EUROCAE) document ED-76, ?Standards for Processing Aeronautical Data,? Section 1.4, Application of Standard, state that, ?The ultimate responsibility of ensuring that data [i.e. NavData] meets the quality for its intended application rests with the end-user of that data.? E. The Government is responsible for thoroughly and appropriately training its users on the use of the SI FMCS and the contents of the SI FMCS NavData service provided hereunder including, among other things, its limitations and differences from Contractor NavData, and will train its users to confirm that the database information the user selects in the SI FMCS is the database information the user intends to select. DJMS-05-JPT-M-0257 ADDENDUM TO 52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2003) 2. FAR 52.212-4(o) Warranty. A. Disclaimer and Limited Warranty. NavData is designed for use by experienced and knowledgeable pilots who must be thoroughly familiar with and competent in the navigation of aircraft and the air navigation equipment being used, among other things. NavData does NOT contain all information necessary to independently conduct instrument or visual flight procedures. NavData must be used in conjunction with the appropriate aeronautical charts and other information available to pilots through a variety of sources. Pilots must conduct flight procedures in accordance with the information depicted on aeronautical charts. B. The contractor?s NavData is compiled in accordance with the industry recommended standard for aeronautical data, Aeronautical Radio, Inc. Specification 424, Navigation System Data Base (ARINC 424), and a similar contractor supplemental specification. Determination of the NavData elements used in the Government's SI FMCS is a joint effort between the contractor and SI, and possibly the Government. The contractor?s NavData is transformed into formats and configurations necessary for use in SI?s FMCS using computer programs designed, developed and controlled by SI. C. THE CONTRACTOR SPECIFICALLY DISCLAIMS ALL RESPONSIBILITY FOR THE FUNCTIONALITY OF THE NDBPP OR THE SI FMCS AND FURTHER DISCLAIMS ALL RESPONSIBILITY FOR THE ACCURATE TRANSLATION, REPRODUCTION, REFORMATTING AND SYSTEM UTILIZATION OF CONTRACTOR NAVDATA PERFORMED BY SI INCLUDING, BUT NOT LIMITED TO, PROCESSING BY THE NDBPP AND THE SI FMCS. CONTRACTOR MAKES NO WARRANTY, AND SPECIFICALLY DISCLAIMS ANY WARRANTY, WHETHER EXPRESS OR IMPLIED, AS TO THE PROPER USE, FUNCTION OR COMPLETENESS OF THE NAVDATA IN SI?S FMCS, OR SI?S NDBPP USED TO TRANSFORM NAVDATA INTO FORMATS AND CONFIGURATIONS NECESSARY FOR USE IN SI?S FMCS. D. The contractor assumes only the limited responsibility of accurate compilation, reproduction, and processing of the air navigation source material be it Government source, other publicly available data, or Customer Supplied Data on which the NavData is based. This limited warranty shall apply only to each 28-day period for which the NavData is produced and is effective. The contractor makes no warranty regarding the use of contractor?s NavData outside the 28-day period for which it was produced and was effective. The contractor assumes no responsibility to any person or persons in connection with the sale or use of NavData. If the NavData service or any portion thereof, is defective, the contractor will replace such services with non-defective services or pay to The Government the amount paid for such services or a portion thereof related to the defect. E. THE WARRANTIES, CONDITIONS, REPRESENTATIONS, OBLIGATIONS AND LIABILITIES OF CONTRACTOR AND REMEDIES OF THE GOVERNMENT SET FORTH HEREIN ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND DJMS-05-JPT-M-0257 ADDENDUM TO 52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2003) THE GOVERNMENT HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES OF CONTRACTOR, AND ANY OTHER RIGHTS, CLAIMS AND REMEDIES OF THE GOVERNMENT AGAINST CONTRACTOR , EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE FLIGHT INFORMATION SERVICES PROVIDED HEREUNDER AND ANY NONCONFORMANCE OR DEFECT IN THE DESIGN, ADEQUACY, ACCURACY, RELIABILITY, SAFETY, OR CONFORMANCE WITH THE GOVERNMENT STANDARDS OR REGULATIONS OF SUCH FLIGHT INFORMATION SERVICES OR OTHER THINGS PROVIDED UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO: ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS; ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE;ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF THE CONTRACTOR; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OF OR DAMAGE TO ANY AIRCRAFT. F. CONTRACTOR WILL HAVE NO OBLIGATION OR LIABILITY WHATSOEVER, WHETHER ARISING IN CONTRACT (INCLUDING WARRANTY), TORT (WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF CONTRACTOR ), STRICT LIABILITY OR OTHERWISE, FOR LOSS OF USE, REVENUE OR PROFIT OR FOR ANY OTHER INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WITH RESPECT TO THE FLIGHT INFORMATION SERVICES PROVIDED HEREUNDER, OR ARISING OUT OF ANY CLAIM THAT ANY FLIGHT PROCEDURE OR OTHER OUTSIDE SOURCE MATERIAL IS DEFECTIVE, INADEQUATE, INACCURATE, UNRELIABLE, UNSAFE OR FAILS TO CONFORM WITH ANY GOVERNMENT STANDARD OR REGULATION.
 

Place of Performance

Address: USMS/JPATS, 5900 AIR CARGO ROAD, OKLAHOMA CITY OK 73159

Zip Code: 73159

Country: USA
 

Record

SN00793384-W 20050423/050421211809 (fbodaily.com)
 

Source

FedBizOpps.gov Link to This Notice
(may not be valid after Archive Date)

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