SOLICITATION NOTICE
J -- Unplanned Dockside Repairs, Engine Lift & Realignment, og CGC BOUTWELL (WHEC 719) - Specification
- Notice Date
- 1/28/2010
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 336611
— Ship Building and Repairing
- Contracting Office
- Department of Homeland Security, United States Coast Guard (USCG), USCG Surface Forces Logistics Center (SFLC) Procurement Branch 2, 1301 Clay St., Suite 807N, Oakland, California, 94612-5249, United States
- ZIP Code
- 94612-5249
- Solicitation Number
- HSCG85-10-R-P45N98
- Point of Contact
- Valerie S Rivera-Chase, Phone: (510) 637-5972, Jo Ann T. Yamane, Phone: (510)637-5970
- E-Mail Address
-
Valerie.S.RiveraChase@uscg.mil, JoAnn.T.Yamane@uscg.mil
(Valerie.S.RiveraChase@uscg.mil, JoAnn.T.Yamane@uscg.mil)
- Small Business Set-Aside
- Total Small Business
- Description
- Specification for Solicitation No. HSCG85-10-R-P45N98 This is a 100% Total Small Business Set-Aside combined synopsis/solicitation HSCG85-10-R-P45N98 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. This Request for Proposal incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-32. This is small business set-aside procurement. The NAICS is 336611. It is the policy of the Coast Guard to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the General Accounting Office (GAO). Interested parties are encouraged to seek resolution of their concerns within the Coast Guard as an Alternative Dispute Resolution (ADR) forum, rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the contracting officer or Ombudsman. Informal forum with the Ombudsman. Interested parties who believe that Coast Guard procurement is unfair or otherwise defective should first direct their concerns to the cognizant contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to contact the Coast Guard Ombudsman for Agency Protests. Under this informal process, the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, contracting officer, and solicitation closing date (if applicable). Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the contracting officer through open and frank discussions. If the protester's concerns are unresolved, an independent review is available by the Ombudsman. The protester may file a formal agency protest to either the contracting officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency's goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth at FAR 33.103(d)(2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. This will not preclude re-filing of the protest to meet the requirement. To be timely, protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be forwarded to the address: Commandant (CG-9131), U.S.Coast Guard Headquarters, Acquisition Planning and Performance Measurement, 1900 Half St. SW, Room 11-0402, Washington, DC. 20593, Telephone (202) 3723692, Fax: (202) 475, 3904. This requirement is to provide all labor, materials, and equipment to accomplish the following IAW the provided specifications: Unplanned Dockside Repairs on CGC BOUTWELL (WHEC 719) A. Contract Line Items CLIN 1. Definite Item: D-1 #1 Main Engine Lifting & Realignment tiny_mce_marker_____________________ D-2 #2 Main Engine Lifting & Realignment tiny_mce_marker_____________________ D-3 Temporary Services, Dockside Home Pier $ ______________________ TOTAL AMOUNT OF DEFINITE ITEMS $ ___ 3. Bid for composite labor rate: LABOR HOUR RATE ESTIMATED QUANTITY ESTIMATED AMOUNT tiny_mce_marker___________/HOUR 813 HOURS tiny_mce_marker________________ B. Performance will commence on 08 February 2010 and complete no later than 01 April 2010. C. Place of Performance: All work to be accomplished onboard the cutter, at the cutter's home moorage in Alameda, CA. D. Description of Requirement: All work will accomplished in accordance with the specification, available on www.fbo.gov, or from the Contracting Officer, phone (510) 637-5972 or email Valerie.s.riverachase@uscg.mil. As stated below, the provision at FAR 52.212-2, Evaluation-Commercial Items, applies with the following addenda: Award of a contract will be based on the following criteria: Past Performance and price. Offerors are cautioned that the government intends to evaluate offers and award a contract without discussions. Therefore, offeror's initial offer should contain its best terms. The contract will be awarded as a firm fixed price contract using simplified acquisition procedures in accordance with FAR Part 13.5. The following factors shall be used to evaluate offers: Past Performance and Price. 1) Price: The aggregate price determined by totaling the offer price for the definite items, plus offer price for optional item, plus the composite labor hour extended total. 2) Past Performance: In accordance with FAR 52.212-1(b)(1) and the following, the offeror is required to identify past or current contracts for efforts similar to this requirement. Offerors are to submit three (3) references. Provide as a minimum the following applicable information: contract number, description of work, total dollar amount, procuring activity or firm's complete name (include addresses, telephone numbers, and the point of contact). Past Performance will look at relevant experience, responsiveness, resources, quality and consistency of services, customer satisfaction, and management. The Government will award a contract resulting from this synopsis/solicitation to the responsible offeror whose offer conforming to the solicitation will be more advantageous to the Government, price and other factors considered. For the purpose of this solicitation past performance is approximately equal to price. Potential sources having the expertise and required capabilities are invited to submit proposals that will be considered by the agency. Proposals should be written and submitted in a legible format. Award will be made to the responsible offeror whose offer conforms to the solicitation. Proposals must contain the contractor's Tax Information Number, and DUNS Number. Proposals must be received not later than 01 February 2010, 2:00 P.M. Standard Pacific Time. Proposals received after the date and time specified will not be considered. Offerors may fax their proposal to: (510) 637-5978 Attn: Valerie Rivera-Chase or e-mail Valerie.s.riverachase@uscg.mil. INSPECTION OF CUTTER PRIOR TO SUBMISSION OF OFFERS (a) All prospective offerors are urged to visit the cutter and visually inspect each item of Work and to become acquainted with local conditions, locations of items and fixtures, removals, replacements, interference and the nature of work. The CGC BOUTWELL will be available for ship check during the solicitation process. Please call LCDR Benjamin Fleming, Engineer officer of the CGC BOUTWELL, at (510) 437-3447 to arrange a ship check. (b) Failure to inspect the cutter will not relieve the offeror from responsibility for properly estimating the difficulty or cost of successfully performing the work. (c) The Government assumes no responsibility for any representations concerning conditions made by any of its officers, agents, or employees before execution of the contract unless included in the solicitation, documents incorporated therein or amendments thereto. The following FAR clauses apply to this solicitation, and Offerors may obtain full text versions of these clauses electronically at http://www.arnet.gov/far: FAR 52.212-1, Instructions to Offeror-Commercial Items (APR 2008) FAR 52.212.2 Evaluation Commercial Items (JAN 1999), FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (FEB 2009) with Alt 1 included. FAR 52.212-4 Contract Terms and Conditions-Commercial Items (MAR 2009). FAR 52.212-5 Contract Terms and Conditions Required to Implement Statues or Executive Orders, Commercial Items (MAR 2009). The following clauses listed in 52.212-5 are incorporated: FAR 52.203-6, 52.219-1, 52.219-6, 52.219-8, 52.219-14, 52.219-28, 52.222-19, 52.222-20, 52.222-21, 52.222-26, 52.222-35-36-37-39, 52.222-44, 52.222-50, 52.225-1, 52.225-13, 52.232-1, 52.232-8, 52.232-11, 52.232-23, 52.232-25, 52.232-33, 52.232.38, 52.233-1, 52.233-3, 52.242-2, 52.243-1, 52.249-1, 52.253-1. THE ROLE OF GOVERNMENT PERSONNEL AND RESPONSIBILITY FOR CONTRACT ADMINISTRATION A. Contracting Officer: The Contracting Officer has the overall responsibility for the administration of this contract. He/she alone is authorized to take actions on behalf of the Government to amend, modify or deviate from the contract terms, conditions, requirements, details or delivery schedules. The Contracting Officer may delegate certain technical responsibilities to a technical representative. B. Contracting Officer's Technical Representative (COTR), will be designated by letter to administer technical aspects of this contract, limited to technical review and approval of work. Wherever the term "Authorized Representative of the Contracting Officer", Inspecting Officer," or "Commanding Officer" appear in the contract or referenced documents, it shall be taken as reference to the COTR. The COTR is not authorized to change the scope, price, delivery or other terms and conditions of the contract. Any disputes regarding performance of the contract shall be brought promptly to the attention of the Contracting Officer. C. Administrative Contracting Officer (ACO): An Administrative Contracting Officer may be designated in writing to administer this contract. He/she will act as Contracting Officer in all general matters and for all monetary adjustments within his/her warranted authority. INVOICING REQUIREMENTS - - FIRM FIXED PRICE A. OMB Circular A-125 provides that the following data must be included in an invoice for it to constitute a proper invoice: (1) Name of the business concern and invoice date. (2) Contract number or other authorization for delivery of property or service. (3) Description, price, and quantity of property and services actually delivered or rendered. (4) Shipping and payment terms. (5) Name (where practicable), title, phone number, and complete mailing address of responsible official to whom payment is to be sent. B. An original invoice shall be submitted to the following designated office: USCG, Commander Surface Forces Logistics Center C&PD2-LRE 1301 Clay Street, Suite 807N Oakland, CA 94612 M/F: Contract No. HSCG85-10-C-P45N98 C. Inquiries regarding payment must be directed to the Customer Service Representative, Chesapeake, VA at (757) 523-6940. G.2 PROGRESS PAYMENTS A. The Contractor may invoice requesting progress payments without discount, other than any prompt payment discount offered, not more frequently than twice a month. B. The invoice amount should reflect the percentage and dollar amount of completion established by the cutter's appropriate weekly progress report. Payments shall be derived from the accomplished percentage of completion as determined by the Contracting Officer. C. All material and work paid for by progress payments shall thereby become the sole property of the Government, but this provision shall not relieve the Contractor from the obligation to complete the requirements of the contract. D. The contractor shall be paid the remaining amount due upon completion and acceptance of all work under this contract ADDITIONAL WORK A. If the need for additional work develops, the Contractor must obtain authority orally or in writing from the Contracting Officer before proceeding with such work. B. To the extent requested by the Contracting Officer, the Contractor shall prepare and submit written proposals for proposed change orders, which may be required to include: (1) A complete breakdown of labor hours and costs by labor category and phase of work as identified by the Contracting Officer; (2) A complete breakdown of material costs showing material required, source (with point of contact), part number, unit and extended cost and contractor's material handling costs. (3) A complete breakdown of labor and material as described above for each proposed subcontractor. C. The contractor shall submit written proposals and breakdown to the Contracting Officer via facsimile or e-mail valerie.s.riverachase@uscg.mil. H.2 COMPOSITE LABOR HOUR RATE FOR CONTRACT CHANGES 1. The composite labor hour rate price in Section B shall be the sole labor hour rate used to price the prime contractor's direct labor hours for all contract changes, whether growth within scope or new work. The contractor shall not receive any compensation in addition to this rate for prime contractor's direct labor associated with changes under this contract. 2. The composite labor hour rate shall represent total compensation for the following: direct labor; any port or association fees, rents or other levies; all overhead and general and administrative costs; profit; and all direct and indirect costs and profit associated with following support functions: Supervision Quality Assurance Planning Engineering Surveyors Worker Transit Time Material Handling Testing Cleaners Guards Estimating Contract Administration 3. The composite labor hour rate will be used in pricing production labor hours. This shall include only those hours necessary and reasonable to perform direct production functions, and will not include the support functions listed above, whether the contractor normally charges such support functions directly or indirectly by the contractor's accounting system. These support functions are to be priced into the bid rate and shall not be separately compensated. 4. This clause shall not affect the other rights of the parties under FAR 52.243-1, CHANGES-FIXED PRICE (AUG 1987)(ALT II)(APR 1984), including the right of the Contracting Officer to issue unilateral change orders, and the right of the contractor to request equitable adjustment. 5. The Estimated Quantity indicated by the Government in Section B is an estimate only, and the Extended Amount indicated by the bidders in Section B is not ordered by award of a contract pursuant to this solicitation. The Estimated Quantity represents the Government's best estimate of the total number of hours that will be required. The actual number of hours may be greater or less. H.3 SECURITY REQUIREMENTS A. For each affected Coast Guard facility, the Contractor shall provide a list of all on-site personnel, including sub-contractors (including second and third-tier subcontractors) and suppliers, to the Contracting Officer. The contractor shall update this list when changes occur. Contractor personnel not listed may be denied access to the Coast Guard facility. Contractor personnel will be restricted to designated working areas. Any personnel violating this policy may lose access to the Coast Guard facility. Contractor personnel shall have photo identification at all times while working on Coast Guard facilities. B. Contractor and delivery personnel may be required to present personal photo identification to gain access to a Coast Guard installation. If identification does not indicate United States citizenship, Coast Guard Security may require proof of the legal right to work in the United States. Contractor and delivery personnel also may be subjected to an immigration status and outstanding criminal warrants check. C. Contractors shall provide the Contracting Officer's Technical Representative with 24 hours of advance notice of every delivery to the site (e.g., concrete, lumber, parts, etc.) and provide the company name, delivery person, and phone number of the firm(s) making deliveries. All vehicle access to government property requires vehicle registration and proof of liability insurance. Otherwise access to the Coast Guard facility may be denied. H.4 INSURANCE REQUIREMENTS A. The contractor shall be required to procure and thereafter maintain the following insurance: (1) Ship repairer's legal liability insurance to insure the risks described in TAR 1252.217-76 Liability and Insurance (OCT 1994), in the amount of $300,000.00. (2) Comprehensive general liability insurance to insure the risks described in TAR 1252.217-76 Liability and Insurance (OCT 1994), in the amount of $300,000.00 on account of any one accident or occurrence with respect to each cutter, boat and barge upon which work is to be performed under this solicitation and the contract resulting there from; (3) Full insurance coverage in accordance with the State Workmen's Compensation law; and (4) Full insurance coverage in accordance with the United States Longshore and Harbor Workers' Compensation Act. B. As evidence that he has obtained the insurance specified in this schedule, the contractor shall furnish the contracting officer with a certificate or certificates executed by an agent of the insurer authorized to execute such certificates. Such certificate shall be furnished before commencement of work. Each certificate shall state that (NAME OF INSURER) has insured (NAME OF CONTRACTOR), in accordance with the Liability and Insurance clause and the Insurance Requirements clause contained herein. Each certificate shall set forth that each policy of insurance represented thereby will expire on (DATE) and that each such policy contains the following clause: "It is agreed that in the event of cancellation, or any material change in the policy adversely affecting the interest of the Government in this insurance, thirty (30) days' prior written notice will be given to the Contracting Officer." C. An offerors who proposes to self-insure for any of the risks set forth in the Liability and Insurance clause and in the Insurance Requirements clause contained herein shall submit satisfactory evidence to permit the Contracting Officer to determine that the offerors assets are sufficient for the risks set forth in such clauses. The offerors shall submit with his offer two (2) certified copies of documents listing his assets and liabilities and such other information as deemed necessary by the offerors or as required by the Contracting Officer. For approval of self-insurance under the State Workmen's Compensation Law and the United States Longshore and Harbor Workers' Compensation Act, evidence of qualifications as a self-insurer under the applicable compensation statute must be furnished to the contracting officer. H.5 CONTRACTOR PERFORMANCE EVALUATION A. In accordance with FAR Subpart 42.15, Contractor Performance Information, the contractor's performance will be evaluated throughout the contract period. The results will be compiled and reported in a Contractor Performance Report by the end user(s) for use by this agency and other government agencies on future source selection decisions. The report will be compiled jointly by the Contracting Officer's Representative (COR) and the Port Engineer (PE) at the conclusion of the contract. The Contracting Officer will input his/her comments and forward the report to the contractor, for comment. In the case of a contract with option years, an interim report will be completed in November of each year. The areas to be evaluated are: Quality of Product or Service Business Relations Timeliness Meeting SDB Subcontracting Requirements B. Each area will be evaluated using the following scale: Outstanding (5), Excellent (4), Good (3), Fair (2), Poor (1) and Unsatisfactory (0). C. The National Institute of Health (NIH) Contractor Performance System (CPS) shall be used for all performance evaluations. Where the NIH CPS is used, a hard copy of the evaluation report is not maintained in contract file unless a level above the contracting officer review is necessary. At this the CPS does not currently contain an electronic means to retain the level above review, therefore, a hard copy of the level above review will be contained in the contract file. D. All contractors are encouraged to register with the NIH. Registration may be accomplished on-line at https://cpscontractor.nih.gov/. By registering the contractor will receive timely notice of government inputs into the database and the opportunity to respond on-line to all government comments. E. The results of the report will be provided to the contractor who will be given a period of thirty (30) days to review and provide comments. All comments will be considered by the Contracting Officer and reviewed in accordance with FAR 42.1503. The report will be marked "Source Selection Information" and safeguarded for official use only in accordance with Federal Acquisition Regulation Part 3.104. Comments shall be limited to 2000 characters for each area evaluated. In the cases where the contractor does not directly input their comments into the database, the contracting officer will use their best efforts to transfer the contractor's input into the database. In those cases where the contractor exceeds the 2000 character limitation, the contracting officer will input comments up to the 2000 character limit. In these circumstances the contracting officer will close the comments with the following: "Due to the contractor exceeding the 2000 character limitation, the remainder of the comments may be obtained from the contracting officer." F. A copy of the Contractor Performance Report is available upon request. H.6 ACCESS TO VESSEL A. A reasonable number of officers, employees and associates of the Government, or other prime contractors with the Government, and their subcontractors, shall, as authorized by the Contracting Officer, have at all reasonable times, admission to the contractor's facility, and access to the cutter to perform and fulfill their respective obligations to the Government on a noninterference basis. All such above personnel shall comply with all contractor rules and regulations governing personnel at its facility, including those relative to safety and security. B. The contractor further agrees, as authorized by the Contracting Officer, to afford to a reasonable number of officers, employees, and associates of other offerors when inspecting contemplated work, the same privileges of admission to the contractor's facility and access to the cutter on a noninterference basis, subject to all contractor rules governing personnel at its facility, including those relating to safety and security. 52.219-28 Post-Award Small Business Program Re-representation (APR 2009) (a) Definitions. As used in this clause- Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority. Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity. (b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following: (1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract. (2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract. (3) For long-term contracts- (i) Within 60 to 120 days prior to the end of the fifth year of the contract; and (ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter. (c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/. (d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees. (e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update. (f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause. (g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed: The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 33661 assigned to contract number HSCG85-10-C-P45N98. [Contractor to sign and date and insert authorized signer's name and title]. 3052.204-71 CONTRACTOR EMPLOYEE ACCESS (JUN 2006) (a) Sensitive Information, as used in this Chapter, means any information, the loss, misuse, disclosure, or unauthorized access to or modification of which could adversely affect the national or homeland security interest, or the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense, homeland security or foreign policy. This definition includes the following categories of information: (1) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure Information Act of 2002 (Title II, Subtitle B, of the Homeland Security Act, Public Law 107-296, 196 Stat. 2135), as amended, the implementing regulations thereto (Title 6, Code of Federal Regulations, Part 29) as amended, the applicable PCII Procedures Manual, as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the PCII Program Manager or his/her designee); (2) Sensitive Security Information (SSI), as defined in Title 49, Code of Federal Regulations, Part 1520, as amended, "Policies and Procedures of Safeguarding and Control of S SI," as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the Assistant Secretary for the Transportation Security Administration or his/her designee); (3) Information designated as "For Official Use Only," which is unclassified information of a sensitive nature and the unauthorized disclosure of which could adversely impact a person's privacy or welfare, the conduct of Federal programs, or other programs or operations essential to the national or homeland security interest; and (4) Any information that is designated "sensitive" or subject to other controls, safeguards or protections in accordance with subsequently adopted homeland security information handling procedures. (b) "Information Technology Resources" include, but are not limited to, computer equipment, networking equipment, telecommunications equipment, cabling, network drives, computer drives, network software, computer software, software programs, intranet sites, and internet sites. (c) Contractor employees working on this contract must complete such forms as may be necessary for security or other reasons, including the conduct ofbackground investigations to determine suitability. Completed forms shall be submitted as directed by the Contracting Officer. Upon the Contracting Officer's request, the Contractor's employees shall be fingerprinted, or subject to other investigations as required. All contractor employees requiring recurring access to Government facilities or access to sensitive information or IT resources are required to have a favorably adjudicated background investigation prior to commencing work on this contract unless this requirement is waived under Departmental procedures. (d) The Contracting Officer may require the contractor to prohibit individuals from working on the contract if the government deems their initial or continued employment contrary to the public interest for any reason, including, but not limited to, carelessness, insubordination, incompetence, or security concerns. (e) Work under this contract may involve access to sensitive information. Therefore, the Contractor shall not disclose, orally or in writing, any sensitive information to any person unless authorized in writing by the Contracting Officer. For those contractor employees authorized access to sensitive information, the contractor shall ensure that these persons receive training concerning the protection and disclosure of sensitive information both during and after contract performance. (f) The Contractor shall include the substance of this clause in all subcontracts at any tier where the subcontractor may have access to Government facilities, sensitive information, or resources. I.7 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUN 2006) (a) Prohibitions. Section 835 of the Homeland Security Act, 6 U.S.C. 395, 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, Public law 107-296, 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 complete after November 25,2002, 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 term 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. (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, Public Law 107-296. (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 after the date of enactment of this Act and 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 of 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 Public Law 107-296 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 right 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 transaction whose recognition would defeat the purpose of Section 85. (f) Disclosure. By signing and submitting its offer, an offeror under this solicitation represents that it not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of Section 835 of the Homeland Security Act, Public Law 107-296 of November 25, 2002. (g) If a waiver has been granted, a copy of the approved waiver shall be attached to the bid or proposal. Offerors are advised of the requirement to include a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications-Commercial items, with its offer. All questions regarding this solicitation should be directed to Valerie Rivera-Chase at (510) 637-5972 or via e-mail Valerie.s.riverachase@uscg.mil.
- Web Link
-
FBO.gov Permalink
(https://www.fbo.gov/spg/DHS/USCG/VPLMLCP/HSCG85-10-R-P45N98/listing.html)
- Place of Performance
- Address: Cutter's home moorage, Alameda, California, 94501, United States
- Zip Code: 94501
- Zip Code: 94501
- Record
- SN02051522-W 20100130/100128234604-204a0af87ae8b1dfdf6779dbefe6416d (fbodaily.com)
- Source
-
FedBizOpps Link to This Notice
(may not be valid after Archive Date)
| FSG Index | This Issue's Index | Today's FBO Daily Index Page |