SPECIAL NOTICE
J -- CALIBRATION AND SERVICE OF OCEANOGRAPHIC INSTRUMENTS
- Notice Date
- 12/12/2013
- Notice Type
- Special Notice
- NAICS
- 334519
— Other Measuring and Controlling Device Manufacturing
- Contracting Office
- Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), Western Region Acquisition Division, 7600 Sand Point Way, Northeast, Seattle, Washington, 98115-6349
- ZIP Code
- 98115-6349
- Solicitation Number
- PMEL-14-00251
- Archive Date
- 1/13/2014
- Point of Contact
- Benjamin A. Carlson, Phone: 2065264321
- E-Mail Address
-
ben.carlson@noaa.gov
(ben.carlson@noaa.gov)
- Small Business Set-Aside
- N/A
- Description
- SPECIAL NOTICE - INTENT TO AWARD ON A SOLE SOURCE BASIS CALIBRATION AND SERVICE OF OCEANOGRAPHIC INSTRUMENTS (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 Sea-Bird Electronics, Inc., no other quotes will be considered under this notice PMEL-13-00469. (III)The incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-71. (IV)This award will be issued with no Set-Aside. The associated NAICS code is 334519. (V)This award is for purchase of the following commercial items: CALIBRATION AND SERVICE OF OCEANOGRAPHIC INSTRUMENTS 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:6 WEEKS. Delivery shall be FOB Origin, No shipping, NOAA will pick up via will call. (VIII) Questions must be emailed to the attention of Ben Carlson. The email address is Ben.Carlson@noaa.gov, 206-526-4321. THE FOLLOWING PROVISIONS AND CLAUSES APPLY TO THIS ACQUISITION FAR 52.212-1, Instructions to Offerors -- Commercial Items (2005-71), applies to this acquisition. FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (2005-71) FAR 52.212-4, Contract Terms and Conditions - Commercial Items (2005-71) FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (2005-71) applies to this acquisition. The following clauses under subparagraph (b) apply: ( 26, 27, 28, 29, 30, 31,38, 48) FAR 52.204-99 System for Award Management (DEVIATION) 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 CAR 1352.233-71 GAO and Court of Federal Claims Protests CAR 1352.237-70 Security Requirements 52.204-99 -- System for Award Management Registration (DEVIATION) Except for awards where the Govemmentwide purchase card (GPC) is used as the method of payment, contracting officers shall include the attached clause 52.204-99, System for Award Management Registration, in lieu of FAR clause 52.204-7, Central Contractor Registration, and DF ARS 252.204-7004, Alternate A, Central Contractor Registration. System for Award Management Registration (August 2012) (DEVIATION) (a) Definitions. As used in this clause- "Central Contractor Registration (CCR) database" means the retired primary Government repository for Contractor information required for the conduct of business with the Government. "Commercial and Government Entity (CAGE) code" means- (1) A code assigned by the Defense Logistics Agency (DLA) Logistics Information Service to identify a commercial or Government entity; or (2) A code assigned by a member of the North Atlantic Treaty Organization that DLA records and maintains in the CAGE master file. This type of code is known as an "NCAGE code." "Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities. "Data Universal Numbering System+4 (DUNS+4) number" means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern. "Registered in the SAM database" means that- (1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the SAM database; (2) The Contractor's CAGE code is in the SAM database; and (3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record "Active". The Contractor will be required to provide consent for TIN Attachment, Page 1 of 4 validation to the Government as a part of the SAM registration process. "System for Award Management (SAM)" means the primary Government repository for prospective federal awardee information and the centralized Government system for certain contracting, grants, and other assistance related processes. It includes- (1) Data collected from prospective federal awardees required for the conduct of business with the Government; (2) Prospective contractor submitted annual representations and certifications in accordance with FAR Subpart 4.12; and (3) The list of all parties suspended, proposed for debarment, debarred, declared ineligible, or excluded or disqualified under the nonprocurement common rule by agencies, Government corporations, or by the Government Accountability Office. (b) (1) The Contractor shall be registered in the SAM database prior to submitting an invoice and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. (2) The SAM registration shall be for the same name and address identified on the contract, with its associated CAGE code and DUNS or DUNS+4. (3) If indicated by the Government during performance, registration in an alternate system may be required in lieu of SAM. (c) If the Contractor does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. (1) A contractor may obtain a DUNS number- (i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The contractor should indicate that it is a contractor for a U.S. Government contract when contacting the local Dun and Bradstreet office. (2) The Contractor should be prepared to provide the following information: (i) Company legal business name. (ii) Tradestyle, doing business, or other name by which your entity is commonly recognized. (iii) Company physical street address, city, state and Zip Code. (iv) Company mailing address, city, state and Zip Code (if separate from physical). (v) Company telephone number. (vi) Date the company was started. (vii) Number of employees at your location. (viii) Chief executive officer/key manager. (ix) Line of business (industry). (x) Company Headquarters name and address (reporting relationship within your entity). (d) Reserved. (e) Processing time for registration in SAM, which normally takes five business days, should be taken into consideration when registering. Contractors who are not already registered should consider applying for registration at least two weeks prior to invoicing. (f) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (g) (1) (i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer sufficient documentation to support the legally changed name with a minimum of one business day's written notification of its intention to- (A) Change the name in the SAM database; (B) Comply with the requirements of subpart 42.12 of the FAR; and (C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. (ii) If the Contractor fails to comply with the requirements of paragraph (g) (1) (i) of this clause, or fails to perform the agreement at paragraph (g) (1) (i) (C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract. (h) Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through https://www.acquisition.gov or by calling 866-606-8220, or 334-206-7828 for international calls. (End of Clause) 52.232-39 - Unenforceability of Unauthorized Obligations. As prescribed in 32.706-3, insert the following clause: Unenforceability of Unauthorized Obligations (Jun 2013) (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)
- Web Link
-
FBO.gov Permalink
(https://www.fbo.gov/spg/DOC/NOAA/WASC/PMEL-14-00251/listing.html)
- Place of Performance
- Address: BELLEVUE, WA, BELLEVUE, Washington, 98005, United States
- Zip Code: 98005
- Zip Code: 98005
- Record
- SN03250613-W 20131214/131212234739-19be757944d5458b548109471584ad41 (fbodaily.com)
- Source
-
FedBizOpps Link to This Notice
(may not be valid after Archive Date)
| FSG Index | This Issue's Index | Today's FBO Daily Index Page |