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FBO DAILY - FEDBIZOPPS ISSUE OF JANUARY 29, 2015 FBO #4814
SPECIAL NOTICE

66 -- SPECIAL NOTICE – INTENT TO AWARD ON A SOLE SOURCE BASIS PURCHASE OPTODES FOR SURFACE WATER OXYGEN MEASUREMENTS ON A MOORING.

Notice Date
1/27/2015
 
Notice Type
Special Notice
 
NAICS
334511 — Search, Detection, Navigation, Guidance, Aeronautical, and Nautical System and Instrument 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-15-00684
 
Archive Date
2/12/2015
 
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 PURCHASE OPTODES FOR SURFACE WATER OXYGEN MEASUREMENTS ON A MOORING. (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 AANDERAA DATA INSTRUMENTS INC. under this notice PMEL-15-00684. (III)The incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-78. (IV)This award will be issued with no Set-Aside. The associated NAICS code is 334511. (V)This award is for purchase of the following commercial items: OXYGEN OPTODES PER SPECIFICATIONS. (VI)Description of requirements is as follows: Per SPECIFICATION (VII)Date(s) and place(s) of delivery and acceptance: 30 SEPT 2013. Delivery shall be FOB ORIGIN. THE FOLLOWING PROVISIONS AND CLAUSES APPLY TO THIS ACQUISITION FAR 52.212-1, Instructions to Offerors -- Commercial Items 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 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 52.232-39 - 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) 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.
 
Web Link
FBO.gov Permalink
(https://www.fbo.gov/spg/DOC/NOAA/WASC/PMEL-15-00684/listing.html)
 
Place of Performance
Address: Seattle, Seattle, Washington, 98115, United States
Zip Code: 98115
 
Record
SN03625488-W 20150129/150127234247-d0f91a3d6ad27522752d3cc491f278cc (fbodaily.com)
 
Source
FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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