Purchase Dart D3 Buoys

SPECIAL NOTICE - INTENT TO AWARD ON A SOLE SOURCE BASIS PURCHASE DART D3 BUOYS PMEL Does not own a mold for these buoys. (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 SUNBACKER FIBERGLASS INC. under this notice PMEL-15-01191. (III) The incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-82. (IV) This award will be issued with a total small business Set-Aside. The associated NAICS code is 339999. (V) This award is for purchase of the following commercial items: D-3 buoys per drawings. (VI) Description of requirements is as follows: Per drawings (VII) Date(s) and place(s) of delivery and acceptance: 07/31/2014. Delivery shall be FOB Destination. 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. The following clauses under subparagraph (b) apply: (4, 6, 10, 20, 23, 24, 25, 26, 27, 28, 29, 33, 35, 36, 39, 44, 46, 1, 2,) 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) 52.203-99, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (DEVIATION 2015-02) Insert the following clause in all solicitations and contracts that will use Federal funds, including solicitations and contracts for the acquisition of commercial items under FAR part 12, or when obligating Federal funds on existing contracts. PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (FEB 2015) (a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect. (c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause. (2) The Government may seek any available remedies in the event the Contractor fails to comply with the provisions of this clause. (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 contact@example.gov , +1 (555) 000-0000.