Notice of Intent to Sole Source: One (1) Customized Automated Oxyacetylene Torch System to include shipping.

1. Quantity One (1) Customized Automated Oxyacetylene Torch System

Disclaimer: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice.  This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

NOTICE: 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 Messer Cutting Systems, GmBH, Otto-Hahn Strasse 204, Gross-Umstadt 64823, Germany.  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

                     (i)  The solicitation number is W911QX23Q0177.  This acquisition is issued as a Request for quotation (RFQ).

                     (ii)  The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-05,07 Sept 2023.

                     (iii)  The associated NAICS code is 333517.  The small business size standard is 500 employees.

                     (iv)   The following is a list of contract line-item number(s) and items, quantities, and units of measure, (including option(s), if applicable): 

CLIN0001: Quantity one (1) Customized Automated Oxyacetylene Torch System to include shipping, shipping terms FOB Destination.

                     (v)  Description of requirements:  SEE ATTACHED DOCUMENT TITLED “Salient Characteristics” - see FAR 12.202(b)

                     (vi) Delivery: Delivery is required by 1 February 2024. Delivery shall be made to 6375 Johnson Road, Building 321, Aberdeen Proving Ground, MD 21005.  Acceptance shall be performed at Destination. The FOB point is Destination.  

                     (vii) The provision at 52.212-1, Instructions to Offerors – Commercial, applies to this acquisition.  The following addenda have been attached to this provision: None. 

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

                     (ix)  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 None. 

                     (x)  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:

• 52.204-10: REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JUN 2020)
• 52.204-27: PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)
• 52.209-6: PROTECTING THE GOVERNMENT’ INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (NOV 2021)
• 52.219-28: POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION (SEP 2023)
• 52.222-3: CONVICT LABOR (JUN 2003)
• 52.222-19: CHILD LABOR--COOPERATION WITH AUTHORITIES AND REMEDIES (DEC 2022)
• 52.222-21: PROHIBITION OF SEGREGATED FACILITIES (APR 2015)
• 52.222-26: EQUAL OPPORTUNITY (SEP 2016)
• 52.222-36: EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020)
• 52.222-50: COMBATING TRAFFICKING IN PERSONS (NOV 2021)
• 52.223-18: ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (JUN 2020)
• 52.225-13: RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2021)
• 52.232-33: PAYMENT BY ELECTRONIC FUNDS TRANSFER—CENTRAL CONTRACTOR REGISTRATION (OCT 2018)
• 52.232-36: PAYMENT BY THIRD PARTY (MAY 2014)

DFARS:

• 252.203-7005: REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2022)*
• 252.204-7008: COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTRALS (OCT 2016)*
• 252.204-7015: NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT (JAN 2023)
• 252.204-7016: COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES—REPRESENTATION (DEC 2019)*
• 252.204-7017: PROHIBITION ON THE ACQUISITON OF COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES—REPRESENTATION (DEC 2019)*
• 252.204-7018: PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES (JAN 2023)
• 252.204-7019: NOTICE OF NISTSP 800-171 DOD ASSESSMENT REQUIREMENTS (MAR 2022)*
• 252.204-7020: NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (JAN 2023)
• 252.223-7008: PROHIBITION OF HEXAVALENT CHROMIUM (JAN 2023)
• 252.225-7001: BUY AMERICAN ACT AND BALANCE OF PAYMENTS PROGRAM (DEC 2017)
• 252.225-7007: PROHIBITION ON ACQUISITION OF CERTAIN ITEMS FROM COMMUNIST CHINESE MILITARY COMPANIES (DEC 2018)
• 252.225-7055: REPRESENTATION REGARDING BUSINESS OPERATIONS IN THE MADURO REGIME (MAY 2022)*
• 252.225-7056: PROHIBITION REGARDING BUSINESS OPERATIONS WITH THE MADURO REGIME (JAN 2023)
• 252.232-7010: LEVIES ON CONTRACT PAYMENTS (DEC 2006)
• 252.244-7000: SUBCONTRACTS FOR COMMERCIAL ITEMS (JAN 2023)
• 252.247-7023: TRANSPORTATION OF SUPPLIES BY SEA (JAN 2023)

*Indicates a Provision

                     (xi)  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):

FAR:

• 52.204-7: SYSTEM FOR AWARD MANAGEMENT (OCT 2018)*
• 52.204-13: SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)
• 52.204-16: COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)*
• 52.204-18: COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)
• 52.204-19: INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)
• 52.247-34: F.O.B. DESTINATION (NOV 1991)

*Indicates a Provision

DFARS:

• 252.203-7000: REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011)
• 252.203-7002:  REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (DEC 2022)
• 252.204-7003: CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)
• 252.204-7012: SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (OCT 2016)
• 252.232-7003: ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (DEC 2018)
• 252.243-7001: PRICING OF CONTRACT MODIFICATIONS (DEC 1991)
• 252.225-7013: DUTY-FREE ENTRY-BASIC (MAR 2022)
• 252.225-7048: EXPORT-CONTROLLED ITEMS (JUN 2013)

CLAUSES INCORPORATED BY FULL TEXT:

• 52.252-2: CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
• 252.211-7003: ITEM IDENTIFICATION AND VALUATION (JAN 2023)
• 252.232-7006: WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

LOCAL PROVISIONS:

• SOLICIT ONLY ONE SOURCE

• EXCEPTIONS IN PROPOSAL
• AWARD OF CONTRACT
• ADELPHI CONTR. DIVISION URL
• FOREIGN NATIONALS PERFORMING
• PAYMENT TERMS

LOCAL CLAUSES:

• ACC - APG POINT OF CONTACT
• TECHNICAL POINT OF CONTACT
• TYPE OF CONTRACT
• GOV INSPECTION AND ACCEPTANCE
• TAX EXEMPTION CERT. (ARL)
• RECEIVING ROOM – APG
• DUTY-FREE ENTRY
• PAYMENT OFFICES (BANKCARD)

*Indicates Provision

                     (xii)  This acquisition is rated under the Defense Priorities and Allocations System (DPAS) as N/A.

                     (xiii)  The following notes apply to this announcement:  In accordance with FAR 32.003, contract financing cannot not be provided for this acquisition.

                     (xiv)  Offers are due on Five (5) business days from posting, by 3:00PM Eastern Standard Time (EST), atkaren.s.millner.ctr@army.mil

                     (xv)  For information regarding this solicitation, please contact Karen Millner (Acquisition Specialist), karen.s.millner.ctr@army.mil

Place of Delivery/Performance:  U.S. Army Research Laboratory

                                                       6375 Johnson Road,

                                                       Building 321

                                                       Aberdeen Proving Ground, MD 21005.