(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 NORTEKUSA LLC., no other quotes will be considered under this notice PMEL-13-01327.

(III) The incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-65.

(IV) This award will be issued with no Set-Aside. The associated NAICS code is 334513.

(V) This award is for purchase of the following commercial items:
Aquadopp.

(VI) Description of requirements is as follows:
Per Specifications

(VII) Date(s) and place(s) of delivery and acceptance: 11/01/2013. Delivery shall be FOB Origin.
THE FOLLOWING PROVISIONS AND CLAUSES APPLY TO THIS ACQUISITION

FAR 52.212-1, Instructions to Offerors -- Commercial Items (2005-66), applies to this acquisition.
52.204-99 -- System for Award Management Registration (DEVIATION)

FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (2005-66)

FAR 52.212-4, Contract Terms and Conditions - Commercial Items (2005-66)

FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (2005-66) 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
CAR 1352.233-71 GAO and Court of Federal Claims Protests

CONTRACTORS ASSURANCE
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 [email protected].