SOLICITATION NOTICE
16 -- USCG C130 COLD EXPANSION TOOLING KITS
- Notice Date
- 9/13/2006
- Notice Type
- Solicitation Notice
- NAICS
- 332212
— Hand and Edge Tool Manufacturing
- Contracting Office
- Department of Homeland Security, United States Coast Guard (USCG), Commanding Officer, USCG Aircraft Repair & Supply Center, HU25, HH65, H60J, C130, EISD, 130J or Support Proc Building 79, 75, 78, 19 or 63, Elizabeth City, NC, 27909-5001
- ZIP Code
- 27909-5001
- Solicitation Number
- HSCG38-06-Q-30022
- Response Due
- 9/19/2006
- Archive Date
- 10/4/2006
- Description
- The U.S. Coast Guard Aircraft Repair and Supply Center, (ARSC), intends to issue a Purchase Order using Simplified Acquisition Procedures to ?Fatigue Technology?, for the acquisition of Cold Expansion Tooling Kits, Part Numbers 6-0-N through 16-2-N; for a total of 21 Kits. The original equipment manufacturer is ?Fatigue Technology Inc.?, (Cage Code 51439). The Coast Guard does not own, nor can it provide drawings or technical data related to this requirement. All items are to be delivered to Aircraft Repair and Supply Center, Elizabeth City, NC. Required delivery time is no later than, 15 November, 2007. The North American Industry Classification System Code is 332212 and the size standard is 500. Offerors capable of providing this items are encouraged to submit a quote and technical data package sufficient to demonstrate their capabilities not later than 19 September, 2006, 3:00 EDT. Submissions may be faxed to (252) 335-6452 or emailed to ?William.D.Creef@uscg.mil?. Number HSCG38-06-Q-30022 is being assigned to this procurement for tracking purposes only and is issued as a Request for Quotation, (RFQ). See Numbered Notes 22 and 26. FAR provision 52.212-3, Offeror Representations and Certifications-Commercial Items (Jun 2006) Offerors shall include a completed copy of this provision with their offer or complete only paragraph (j) of the provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (b) through (i) of this provision. The following FAR provisions and clauses apply to this solicitation and are incorporated by reference: FAR 52.212-1, Instructions to Offerors - Commercial Items (Jan 2006); FAR 52.212-4 Contract Terms and Conditions-Commercial Items (Sept 2005) is tailored as follows: FAR 52.211-15, Defense Priority and Allocation Requirement (Sep 1990); FAR 52.243-1, Changes Fixed Price (Aug 1987) Alternate I (Apr 1984); FAR 52.245-1 Property Records (Apr 1984); FAR 52.247-34, FOB Destination (Nov 1991); FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Aug 2006); FAR 52.203-6, Restrictions on Subcontractors Sales to the Government (Jul 1995), Alternate I, (Oct 1995); FAR 52.222-3, Convict Labor (Jun 2003); FAR 52.222-19 Child-Labor-Cooperations with Authoritites and Remedies (Jan 2006); FAR 52.222-21, Prohibition of Segregated Facilities (Feb 1999); ( FAR 52.222-26, Equal Opportunity (Apr 2002); FAR 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Dec 2001); FAR 52.222-36, Affirmative Action for Workers with Disabilities (June 1998); FAR 52.222-37, Employment Reports on Disabled Veterans and Veterans of the Vietnam Era (Dec 2001); FAR 52.225-1, Buy American Act-Supplies (Jun 2003); FAR 52.233-3, Protest After Award (Aug 1996). HSAM 3052.209-70 Prohibition on Contracts with Corporate Expatriates. (JUN 2006) (a) Prohibitions. Section 835 of Public Law 107-296, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security. (b) Definitions. As used in this clause: ?Expanded Affiliated Group? means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for `at least 80 percent' each place it appears. ?Foreign Incorporated Entity? means any entity which is, or but for subsection (b) of Section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986. ?Inverted Domestic Corporation.? A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)? (1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership; (2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held? (i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or (ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and (3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. ?Person?, ?domestic?, and ?foreign? have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively. (c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation. (1) Certain Stock Disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership: (i) stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or (ii) stock of such entity which is sold in a public offering related to the acquisition described in subsection (b)(1) of Section 835 of the Homeland Security Act, 6 U.S.C 395(b)(1). (2) Plan Deemed In Certain Cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan. (3) Certain Transfers Disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section. (d) Special Rule For Related Partnerships. For purposes of applying Section 835(b) of Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership. (e) Treatment of Certain Rights. (1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows: (i) warrants; (ii) options; (iii) contracts to acquire stock; (iv) convertible debt instruments; and (v) others similar interests. (2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835. (f) Disclosure. The offeror under this solicitation represents that [Check one]: __ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73; __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it has submitted a request for a waiver pursuant to 3009-104-74, which has not been denied; or __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009-104.70 through 3009-104.73, but it plans to submit a request for waiver pursuant to 3009.104-74. (g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal. (End of provision)
- Record
- SN01141997-W 20060915/060913220525 (fbodaily.com)
- Source
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