Notice of Proposed Contract Action (NOPCA). THIS IS NOT A REQUEST FOR COMPETITIVE PROPOSALS. This is a notice of intent to award a sole source contract under statutory authority 10 USC 2304(C)(1), set forth in Federal Acquisition Regulation 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. The Electronic Systems Center, Cryptologic Systems Contracting Division (ESC/HNCK) intends to award a Firm Fixed Price contract utilizing Simplified Acquisition Procedures for purchase the following Peak Communications equipment: 0ne (1) each Quad Independent Fully-Synthesized L-Band Downconverter, Model P7001Q, with four (4) Option 7 and 1 Option 9; one (1) each Dual Independent Fully Synthesized L-Band Downconverter, Model P7001D, with two (2) Option 7 and one (1) Option 9; and one (1) each Tri-Band (C,X,Ku) to L-Band Downconverter,Model IBD3004SQ . Peak Communications, the Original Equipment Manufacturer (OEM), owns the proprietary data rights to the Downconverters which are the only equipment that meets the Government's requirement. Peak Communications has only one U.S. distributor for its equipment, A.G. Franz Associates, LLC. As a result, no other vendors can provide the required items. ESC/HNCK intends to award to A.G. Franz Associates, LLC, Cage Code: 470W9. A.G. Franz Associates, LLC is a small business. The NAICS code for this acquisition is 334220. Refurbished or surplus items are not acceptable. The Government intends to award in July 2011. No technical data/drawings/technical orders are available. If any other firm is capable of providing these exact items, please contact the Buyer within three days of this announcement. Those interested firms must indicate whether they are a large, small, small-disadvantaged, 8(a) or woman-owned business and whether they are U.S. or foreign owned. The following provisions and clauses apply to this acquisition: FAR 52.211-6, Brand Name or Equal; FAR 52.212-1, Instructions to Offerors - Commercial Items; FAR 52.212-3, Offeror Representations and Certifications - Commercial Item; 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; and FAR 52.212-2, Evaluation of Commercial Items. The evaluation criteria stated in paragraph (a) of FAR 52.212-2 are as follows: Significant evaluation factors, in the relative order of importance are (1) price and (2) proposed delivery times. Evaluation factors are approximately equal. Responses to this announcement are due no later than 9:00 AM CST, 15 July 2011. Points of Contact: Sharon Rowe, Buyer, phone 210-925-2168, email [email protected] or Patrick Jackson, Contracting Officer, phone 210-925-1780, email [email protected].

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