Intent to Sole Source - The Army Research Laboratory (ARL) requires the purchase and integration of one (1) “TOHO FLX 2320-S” XRD detector

NOTICE: INTENT TO SOLICIT ONLY ONE SOURCE

The proposed contract action is for supplies or services for which the Government is soliciting and negotiating with only one source under the authority of FAR 13.106-1(b)(1)(i). The name of the company the Government intends to award a contract to is TOHO Technology Inc. (4809 N Ravenswood Ave Unit 113 Chicago, Illinois (CAGE: 660F7)). This notice of intent is not a request for competitive proposals.  However, the Government will consider all proposals received prior to the closing date and time of this solicitation.

This acquisition is issued as a Request for Quote (RFQ).

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-05 effective 22 May 2024.

For purposes of this acquisition, the associated NAICS code is 334516. The small business size standard is 1,000 Employees.

Contract Line Item (CLIN) Structure: The following is a list of contract line item number(s) and items, quantities and units of measure, (including option(s), if applicable):

CLIN 0001: One (1) FLX-2320-S Thin Film Stress Measurement System in accordance with the attached Salient Characteristics to be delivered FOB Destination to Aberdeen Providing Ground (APG), MD.

CLIN 0002: One (1) Sub-Ambient Stage upgraded low-temperature measurement stage compatible with FLX-2320-S

Specifications/Requirement:

*See attached document titled “Salient Characteristics”*

Delivery: Delivery is required by 12 weeks after contract award (ACA). Delivery shall be made to Logistics Warehouse, Building 321, 6375 Johnson Road, Aberdeen Proving Ground, MD 21005. Acceptance shall be performed at Logistics Warehouse, Building 321, 6375 Johnson Road, Aberdeen Proving Ground, MD 21005. The FOB point is Destination.

Clauses:

1. The provision at 52.212-1, Instructions to Offerors – Commercial, applies to this acquisition.  The following addenda have been attached to this provision:

In addition to the requirements set for the in FAR 52.212-1, all offers responding to this solicitation must provide their business size in relation to the NAICS code contained in this solicitation and shall identify any socioeconomic categories to which they belong.

1. Evaluation Criteria - The specific evaluation criteria to be used are as follows: 

As stated in Section 6(i) of this document, this notice of intent is not a request for competitive proposals. However, the Government will consider all proposals received prior to the closing date and time of this solicitation. If additional proposals are received, the proposals will be evaluated by the Lowest Price Technically Acceptable (LPTA) evaluation criteria (FAR 15.101-2).

1. Offerors shall include a completed copy of the provision at FAR 52.212-3 (with its Alternate I), Offeror Representations with its offer.

1. The clause at 52.212-4, Contract Terms and Conditions - Commercial Items, applies to this acquisition. The following addenda have been attached to this clause: N/A

1. The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items and the selected clauses listed in DFARS 212.301 Solicitation provisions and Contract Clauses for the Acquisition of Commercial Items, applies to this acquisition.  The following additional FAR/DFARS clauses cited in this clause are applicable:

FAR:

*52.204-7, System for Award Management

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards

52.204-13, System for Award Management Maintenance

*52.204-16, Commercial and Government Entity Code Reporting

*52.204-17, Ownership or Control of Offeror

52.204-18, Commercial and Government Entity Code Maintenance

*52.204-20, Predecessor of Offeror

52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

52.204-27, Prohibition on a ByteDance Covered Application

52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

52.209-10, Prohibition on Contracting with Inverted Domestic Corporations

52.219-28, Post-Award Small Business Program Representation

52.222-19, Child Labor—Cooperation with Authorities and Remedies

52.222-20, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000

52.222-21, Prohibition of Segregated Facilities

*52.222-22, Previous Contracts and Compliance Reports

*52.222-25, Affirmative Action Compliance

52.222-26, Equal Opportunity

52.222-50, Combating Trafficking in Persons

52.225-13, Restrictions on Certain Foreign Purchases

52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving

52.232-33, Payment by Electronic Funds Transfer—System for Award Management

52.232-39, Unenforceability of Unauthorized Obligations

52.232-40, Providing Accelerated Payments to Small Business Subcontractors

52.233-3, Protest after Award

52.233-4, Applicable Law for Breach of Contract Claim

52.243-1, Changes – Fixed Price

52.243-1, Changes – Fixed Price – Alternate V

52.247-34, F.O.B. Destination

DFARS:

252.203-7000, Requirements Relating to Compensation of Former DoD Officials

252.203-7002, Requirement to Inform Employees of Whistleblower Rights

*252.203-7005, Representation Relating to Compensation of Former DoD Officials

252.204-7003, Control of Government Personnel Work Product

252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting

252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support

*252.204-7016, Covered Defense Telecommunications Equipment or Services—Representation

*252.204-7017, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation

252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

*252.204-7019, Notice of NIST SP 800-171 DoD Assessment Requirements

252.204-7020, NIST SP 800-171 DoD Assessment Requirements

252.223-7008, Prohibition of Hexavalent Chromium

*252.225-7000, Buy American--Balance of Payments Program Certificate—Basic

252.225-7001, Buy American and Balance of Payments Program—Basic

252.225-7007, Prohibition on Acquisition of Certain Items from Communist Chinese Military Companies

*252.225-7031, Secondary Arab Boycott of Israel

*252.225-7055, Representation Regarding Business Operations with the Maduro Regime

252.225-7056, Prohibition Regarding Business Operations with the Maduro Regime

*252.225-7059, Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region–Representation

252.225-7060, Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region

252.232-7010, Levies on Contract Payments

252.244-7000, Subcontracts for Commercial Products or Commercial Services

252.247-7023, Transportation of Supplies by Sea—Basic

*Denotes a prescription

1. The following additional contract requirement(s) or terms and conditions apply (full text of all FAR/DFARS clauses that contain fill-in information, as well as all local clauses, can be found in the attached Provisions and Clauses Full-Text document):

Adelphi Local Clauses:

ACC - APG POINT OF CONTACT

TECHNICAL POINT OF CONTACT

SOLICIT ONLY ONE SOURCE

TYPE OF CONTRACT

DISTRIBUTION STATEMENT A

GOV INSPECTION AND ACCEPTANCE

TAX EXEMPTION CERT. (ARL)

PAYMENT INSTRUCTIONS

RECEIVING ROOM – APG

EXCEPTIONS IN PROPOSAL

AWARD OF CONTRACT

FOREIGN NATIONALS PERFORMING

PAYMENT TERMS

*52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

52.204-25, Prohibition of Contracting for Certain Telecomunications and Video Surveillance Services or Equipment

*52.204-26, Covered Telecommunications Equipment or Services—Representation

*52.252-1, Solicitation Provisions Incorporated by Reference

52.252-2, Clauses Incorporated by Reference

252.211-7003, Item Unique Identification and Valuation

252.232-7006, Wide Area WorkFlow Payment Instructions

*Denotes a prescription

1. This acquisition is rated under the Defense Priorities and Allocations System (DPAS) as not applicable.

1. The following notes apply to this announcement:

In accordance with (IAW) FAR 32.003, contract financing cannot be provided for this acquisition

Place of Delivery:

Logistics Warehouse

Building 321

6375 Johnson Road

Aberdeen Proving Ground, MD 21005.

Set Aside: Not applicable