(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 SUNBACKER FIBERGLASS INC., no other quotes will be considered under this notice PMEL-13-01620.

(III) The incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-69.

(IV) This award will be issued with no Set-Aside. The associated NAICS code is 339999.

(V) This award is for purchase of the following commercial items:
D-2 buoys per drawings.

(VI) Description of requirements is as follows:
Per drawings
(VII) Date(s) and place(s) of delivery and acceptance: 30 June. 2013. Delivery shall be FOB Destination.

THE FOLLOWING PROVISIONS AND CLAUSES APPLY TO THIS ACQUISITION

FAR 52.212-1, Instructions to Offerors -- Commercial Items (2005-69), applies to this acquisition.
52.204-99 -- System for Award Management Registration (DEVIATION)

FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (2005-69)

FAR 52.212-4, Contract Terms and Conditions - Commercial Items (2005-69)

FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (2005-69) 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
52.204-99 -- System for Award Management Registration (DEVIATION)
CAR 1352.233-71 GAO and Court of Federal Claims Protests
FAR 52.247-34 F.O.B. Destination

52.232-39 - Unenforceability of Unauthorized Obligations.

(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)

Questions must be emailed to the attention of Ben Carlson. The email address is [email protected] , 206-526-4321.