NOTICE OF INTENT TO SOLE SOURCE – Tunable Optical Parametric Oscillator

1. Description:

Disclaimer: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in RFO FAR Part 12, 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: INTENT TO SOLICIT ONLY ONE SOURCE (MANUFACTURER)

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 RFO FAR 6.103.-1(c)(2)(i). The name of the company the Government intends to award a contract to is Toptica Photonics Inc (CAGE: 3DFK4) located at 1120 Pittsford Victor Rd, Pittsford, NY 14534. 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.

AVAILABILITY OF FUNDS

AVAILABILITY OF FUNDS (AFARS 5132.702)

Funds are not presently available for this acquisition.  No contract award will be made until appropriated funds are made available from which payment for contract purposes can be made.

This acquisition is issued as a Request for Quote (RFQ). W911QX26QA204

The solicitation document and incorporated provisions and clauses are those in effect through Revolutionary FAR Overhaul (RFO), updated and effective 1 July 2026. 

For purposes of this acquisition, the associated NAICS code is 334516.  The small business size standard is 1000 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)

Contract Line Item Number (CLIN) 0001: Qty one (1) – TOPTICA's Tunable Optical Parametric Oscillator(TOPO) with all-digital control electronics (DLC pro). High power (HP) variant and parts.

Specifications/Requirement: To provide Qty one (1) – TOPTICA's Tunable Optical Parametric Oscillator(TOPO) with all-digital control electronics (DLC pro). High power (HP) variant and parts.

Delivery: Delivery to White Sands Missile Range, NM 88002. Acceptance shall be performed at White Sands Missile Range, NM 88002. 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 –N/A, Notice of Intent to Sole Source.

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 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items and the selected clauses listed in RFO FAR Part 12 and RFO DFARS Part 212 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

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

52.219-28 Post-Award Small Business Program Representation

52.222-3 Convict Labor-Cooperation with Authorities and Remedies  

52.222-19 Child Labor-Cooperation With Authorities And Remedies  

52.222-36, Equal Opportunity for Workers with Disabilities

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  

52.232-36 Payment by Third Party

52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act—Covered Foreign Entities

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):

Provisions:

52.204-7 System for Award Management  

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  

52.204-22 Alternative Line-Item Proposal 

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

52.204-26 Covered Telecommunications Equipment or Services—Representation

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications  

52.252-1 Provisions Incorporated by Reference  

52.252-2 Clauses Incorporated by Reference  

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls

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  

252.204-7019 Notice Of NIST SP 800-171 Dod Assessment Requirements  

Clauses:

52.204-13 System for Award Management Maintenance  

52.204-18 Commercial and Government Entity Code Maintenance  

52.204-19 Incorporation by Reference of Representations and Certifications  

52.204-27 Prohibition On A Bytedance Covered Application  

52.213-2 Invoices

52.247-34 F.o.b. Destination  

52.232-40 Providing Accelerated Payments to Small Business Subcontractors  

52.233-1 Disputes  

52.233-4 Applicable Law for Breach of Contract Claim  

52.243-1Changes-Fixed Price

52.247-34 F.o.b. Destination

52.249-1 Termination For Convenience of the Government (Fixed-Price) (Short Form)

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

252.203-7002, Requirement to Inform Employees of Whistleblower Rights  

252.204-7000 Disclosure of Information

252.204-7003 Control of Government Personnel Work Product 

252.204-7008, Compliance with Safeguarding Covered Defense Information

Controls  

252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Information

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting 

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

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

252.211-7003, Item Unique Identification and Valuation  

252.204-7024 Notice on the use of the Supplier Performance Risk System

252.223-7008, Prohibition of Hexavalent Chromium  

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

252.225-7001, Buy American Act and Balance of Payments Program  

252.225-7002 Qualifying Country Sources as Subcontractors

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

252.225-7012, Preference for Certain Domestic Commodities  

252.225-7013, Duty-Free Entry

252.225-7048, Export-Controlled Items  

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

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

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports 

252.232-7006, Wide Area Workflow Payment Instructions  

252.232-7010, Levies on Contract Payment  

252.239-7010, Cloud Computing Services

252.239-7017, Notice of Supply Chain Risk

252.239-7018, Supply Chain Risk

252.244-7000, Subcontractors for Commercial Products or Commercial Services  

252.246-7008, Sources of Electrical Parts  

252.247-7023, Transportation of Supplies by Sea  

252.243-7001, Pricing Of Contract Modifications  

Local Provisions:

APPLICABLE FOREIGN ACQUISITION PROVISIONS AND CLAUSES

EXCEPTIONS IN PROPOSAL

AWARD OF CONTRACT

INTENT TO SOLICIT ONLY ONE SOURCE

DEBRIEF OF UNSUCCESSFUL OFFERS

ADELPHI CONTR. DIVISION URL

FOREIGN NATIONALS PERFORMING

PAYMENT TERMS

Local Clauses:

ACC-APG POINT OF CONTACT

TECHNICAL POINT OF CONTACT

TYPE OF CONTRACT

GOVERNMENT INSPECTION AND ACCEPTANCE

TAX EXEMPTION CERT. (DAC)

PAYMENT INSTRUCTIONS

RECEIVING ROOM – WSMR

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

1. The following notes apply to this announcement:

In accordance with RFO FAR 32.003, contract financing cannot be provided for this acquisition.

Place of Performance: Transformation Decision Analysis Center (TDAC); US. Army Research Laboratory (ARL), White Sands Missile Range, NM 88002.

1.  Offers are due no later than five (5) days after posting date by 11:59AM Eastern Standard Time (EST).

Set Aside: N/A