PLEASE READ THIS NOTICE CAREFULLY AS IT CONSTITUTES THE ONLY NOTICE THAT WILL BE PUBLISHED. The Federal Bureau of Investigation (FBI) intends to negotiate a sole source, fixed-price contract with NexAir LLC, 3095 Leeman Ferry Rd. Huntsville, AL. 3580, for a 4 option year contract for the purchase of specialty gases. The Government intends to negotiate with only one source under the authority of FAR 6.303-1(a)(1). This notice will be distributed solely through the General Services Administration's Federal Business Opportunities (FBO) Website (www.betasam.gov). Interested parties are responsible for monitoring the FBO site to ensure they have the most up-to-date information about this acquisition. The North American Classification System Code is 424690, Other Chemical and Allied Products Merchant Wholesalers. The FBI Laboratory Division, Scientific and Biometrics Analysis Unit (SBAU) utilizes multiple analytical techniques in the exploitation of evidence processed at the Huntsville, AL Laboratory. Many of these analytical techniques require ultra-high purity (UHP), Zero Grade and analytical grade specialty gasses – to include but not limited to Argon, Methane, Nitrogen, Helium, Compressed Air (breathing grade D), Oxygen, Carbon Dioxide, compressed air ultra-zero, carbon Dioxide, Tetrafluoromethane, Liquid Argon and Liquid Nitrogen. To maintain mission readiness, over 41 cylinders of the above mentioned specialty gases used in forensic analysis and evidence processing are maintained on site and accrual monthly fees. All analytical instrumentation currently in use was installed and validated with gases purchased from NexAir. To avoid introducing variables into the analytical process, specialties gases purchased from another company would have to be tested with the analytical instrumentation to be validated. This validation would ensure the instrumentation can be calibrated correctly and the new gases do not negatively affect results. In order to complete this validation, the SBAU staff would need time to order the specialty gases from another company, get those gas cylinder delivered, and then change out all the cylinders attached to the analytical instrumentation in order to test the gases. All gases would have to be retested for purity levels and a significant amount of helium would need to be purchased to purge the lines. Furthermore, returning and replacing these gases would take all the analytical instrumentation offline and all Explosives Chemistry casework would cease at the Huntsville Laboratory until testing, purging, and installation can occur. Additionally, 41 plus cylinders of specialty gases that are already located at the facility would have to be returned to NexAir for a non-refundable fee and replacement cylinders would need to be purchased. Based on market research conducted and contacts made with knowledgeable individuals within the government and related industry, it has been determined that it would be cost effective to sole source this requirement to NexAir in order to continue to support the FBI's mission. This notice of intent is not a request for competitive quotations; however, per FAR 5.207(16)(ii) all responsible sources may submit a capability statement, proposal, or quotation, which shall be considered by the agency. All capability statements or quotes shall be submitted to the Contracting Officer Adelle Bolton by email. The email address is
[email protected] Information received will be considered solely for the purpose of determining whether or not to conduct a competitive procurement. Telephone requests will not be considered. A determination by the Government not to compete this proposed contract based upon response to this notice is solely within the discretion of the Government. All responses to this intent to sole source are due to the contracting officer by 12:00 pm EST, November 04, 2020. System for Award Management (SAM) Requirement Vendors must be registered in the System for Awards Management (beta.SAM.gov) to receive government contracts. The FBI uses a financial system that has a direct interface with SAM. Please ensure that your company's SAM information is updated and accurate. This includes TIN, EFT, DUNS, addresses, and contact information. The EFT banking information on file in SAM will be what the FBI uses to process payment. Access to the Federal Bureau of Investigation (FBI) Locations Performance under this contract may require access to FBI locations to provide some service, product, or perform some other official function of interest to the FBI. Requirements, as identified below, to include approval by the FBI's Security Division, must be satisfied prior to access. Contractors who will require escorted access, to include short-term, intermittent, or infrequent access, to an FBI facility must complete an "Access of Non-FBI Personnel to FBI Facilities, Background Data Information Form," (FD 816), a "Privacy Act of 1974 Acknowledgment Form" (FD 484) and two Fingerprint Cards (FD 258). Completed and accepted forms should be provided to the assigned Contracting Officer's Representative (COR), at least 10 business days prior to required access. DJAR-PGD-02-02A Non-U.S. Citizens Prohibited from Access to DOJ Information Technology (IT) Systems The Department of Justice does not permit the use of Non-U.S. citizens in the performance of this contract or commitment for any position that involves access to or development of any DOJ IT system. By signing the contract or commitment document, the contractor agrees to this restriction. [In those instances where other non-IT requirements contained in the contract or commitment can be met by using Non-U.S. citizens, those requirements shall be clearly described.]. (End of Clause) DJAR-PGD-02-02B Non-U.S. Citizens Prohibited from Access to DOJ Information Technology (IT) Systems The Department of Justice (DOJ) will no longer permit the use of Non-U.S. citizens in the performance of this contract or commitment for any position that involves access to or development of any DOJ IT system. By signing the contract or commitment document, the contractor agrees to this restriction with respect to all new employees utilized directly to perform duties on the contract. Non-U.S. citizens currently employees under this contract or commitment may continue performance unless otherwise directed by the Department of Justice. No new, replacement or additional Non-U.S. citizens may be added to the contract without the express approval of the Department of Justice. [In those instances where other non-IT requirements contained in the contract or commitment can be met by using Non-U.S. citizens, those requirements shall be clearly described.]. (End of Clause) Corporate Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability – Solicitation (DEVIATION 2015-02) (March 2015) (a) None of the funds made available by the Department’s current Appropriations Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with a corporation – 1) convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an 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, or 2) 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 agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an 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) By submitting a response to this solicitation, the offeror represents that, as of the date of this offer – 1) the offeror is not a corporation convicted of a felony criminal violation under any Federal or State law within the preceding 24 months; and, 2) the offeror is not a corporation that has any unpaid Federal or State 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. Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse- Solicitation (DEVIATION 2015-02) (March 2015) None of the funds appropriated to the Department under its current Appropriations Act may be used to enter into a contract, grant, or cooperative agreement with an entity that requires employees or contractors of such entity seeking to report fraud, waste, and abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. By submitting a response to this solicitation, the contractor certifies that it does not require employees or contractors of the contractor seeking to report fraud, waste, and abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting waste, fraud, and abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.