Loren Data's SAM Daily™

FBO DAILY ISSUE OF MARCH 17, 2012 FBO #3766
MODIFICATION

15 -- C130H OVERHAUL OF ACTUATORS

Notice Date

3/15/2012
 

Notice Type

Modification/Amendment
 

NAICS

336412 — Aircraft Engine and Engine Parts Manufacturing
 

Contracting Office

Department of Homeland Security, United States Coast Guard (USCG), Commanding Officer, USCG Aviation Logistics Center, HU25, HH65, H60J, C130, ESD, IOD, ISD, CASA or ALD, Elizabeth City, North Carolina, 27909-5001, United States
 

ZIP Code

27909-5001
 

Solicitation Number

HSCG38-12-Q-300024
 

Archive Date

4/7/2012
 

Point of Contact

Bekki E Koci, Phone: 2523356607, Danny R Sawyer, Phone: 252-335-6291
 

E-Mail Address

bekki.e.koci@uscg.mil, danny.r.sawyer@uscg.mil
(bekki.e.koci@uscg.mil, danny.r.sawyer@uscg.mil)
 

Small Business Set-Aside

Total Small Business
 

Description

AMENDMENT 3: CLIN 1-4: P/N: 8037M2, NSN: 1680-01-013-9501, QTY 4 each. IAW AFTO: 8C1-8-6-3 (30 Sep 2004 chg 1 dated 1 Sep 2006) CLIN 5-12: P/N: A489-4, NSN: 1680-00-672-8931, QTY 8 each. IAW AFTO: 8C1-8-5-3 ( chg 1 dated 01 Aug 2010) and AFTO: 8C1-8-5-4 (Rev 5 dated 01 Dec 2003). Closing date: 23 March 2012, 3:00 pm Eastern Time. AMENDMENT 2: CLIN 1-4: Correct AFTO: 8C1-8-6-3 (30 Sep 2004 chg 1 - 1 Sep 2006) CLIN 5-12: Correct AFTO: 8C1-8-5-3 (Chg 1 dated 01 Aug 2010) Closing date and time for receipt of quotations has been extended to: 23 March 2012, at 3:00 pm Eastern Time. AMENDMENT 1: CLIN 1-4: Correct part number is: 8037M2, NSN: 1680-01-013-9501, Qty 4 each. IAW AFTO: 8D1-27-3-14 (15 May 2008) CLIN 5-12: Correct part number is: A489-4, NSN: 1680-00-672-8931, Qty 8 each. IAW AFTO: 8D1-27-3-14 (15 May 2008) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; Quotations are being requested and a written solicitation will not be issued. Solicitation number HSCG38-12-Q-300024 is assigned to this procurement for tracking purposes only and is issued as a Request for Quotation (RFQ). The incorporated clauses and provisions are those in effect through Federal Acquisition Circular 2005-55. This solicitation is issued as a total Small Business Set-side. The North American Industry Classification System Code is 336412 and the small business size standard is 1000 employees. Firm fixed price quotes are requested for the Overhaul of the following equipment: CLIN 1-4: Labor & Materials for OVERHAUL of C130 Actuator, Electro-Mechanical, Rotary, P/N 8037M2, NSN: 1680-01-013-9501, Quantity 4 each. CLIN 5-12: Labor & Materials for OVERHAUL of C130 Actuator, Electro-Mechanical, Rotary, P/N A489-4, NSN: 1680-00-672-8931, Quantity 8 each. Overhaul work is to be in accordance with (IAW) Air Force Technical Order (AFTO) 8D1-27-3-14 (15 May 2008). The Original Equipment Manufacturer of the equipment is CEF Industries, Inc. Cage Code: 00268. Description of the Requirement: Overhaul prices shall include all replacement parts required by the AFTO. All replacement parts shall be new with traceability back to the OEM. The Coast Guard does not intend to provide replacement parts as Government Furnished Material in performance of the requirement. The contractor shall be required to submit a written notice to the Contracting Officer once equipment has been received verifying the actual Part Numbers, NSN's and Serial Numbers on the equipment. The information on the equipment should mirror the information on the Purchase Order. The written notification shall identify any discrepancies between the equipment and the Purchase Order. Equipment received that indicates obvious misuse, cannibalization or severe damage due to mishandling or crash damage are considered exclusions and will be handled on a case-by-case basis. Over and above work outside the direction of the AFTO that is found during performance will be handled on a case-by-case basis. High cost replacement parts and/or the presence of corrosion that does not exceed the tolerances stated in the repair directive will not be considered as "over-and-above". In the event of exclusions or over-and-above work, the contractor will be required to submit an equipment condition report to the Contracting Officer detailing the finding and a listing of the additional parts and labor necessary to return the equipment to serviceable condition. Non-re-workable items replaced during modification/overhaul shall be disposed of as scrap. Should equipment be determined Beyond Economical Repair (BER) the contractor shall provide written notification to the Contracting Officer of the BER condition and await disposition instructions. The contractor will be entitled to a separate evaluation fee and scrap charge. Packaging and Marking: Packaging of the items for return shipment shall be in accordance with the contractor's best commercial practices with the following exceptions: Each item or unit must be individually packed in a separate box, carton or crate. Each individual container shall be labeled on the outside with Purchase Order Number, Line Item Number, Nomenclature, Part Number, NSN, and Serial Number. The internal packaging material shall be sufficient to prevent damage during shipping, handling and storage. Preservation and protection shall be provided to prevent corrosion, deterioration or decay during warehouse storage for a period of one (1) year. The USCG Aviation Logistics Center is a supply depot, therefore material will be stored and transshipped to various users. The container shall be packed and labeled suitable for shipment via land, air or sea. Packaging material shall NOT consist of popcorn material, shredded paper, Styrofoam of any type or peanut packaging. Copies of packing slips shall be affixed to the outside of the shipping container. The USCG does not own nor can it release the Air Force Technical Orders (AFTO) necessary to perform the equipment overhaul work. The contractor must be able to obtain the AFTO including any applicable service bulletins. All parts are Flight Critical and serial number tracked. The contractor must be able to provide a Certificate of Conformance or, if permitted by the Federal Aviation Administration (FAA), a certificate of airworthiness for each piece of equipment overhauled. Offerors and any subcontractor to be used in performance of the required work shall be either OEM Certified or be an FAA Approved/Certified Repair Station. Offerors are required to submit evidence of a valid OEM Certification or FAA Certification showing authorization to affect overhaul of all parts. Expired or pending certifications are not acceptable and will render an offeror's quotation as not technically acceptable. The required Delivery time frame is no later than 45 days after receipt of equipment. Earlier deliveries are acceptable providing there is no additional cost to the Government. Equipment shall be shipped to the USCG Aviation Logistics Center, Receiving Section Bldg 63, Weeksville Rd., Elizabeth City, NC 27909. Inspection shall be performed by the USCG ALC Receiving Section for count and condition only and Acceptance shall be performed by USCG ALC Quality Assurance. F.o.b. Destination quotes are preferred however an F.o.b. Origin, Freight Prepaid quote is acceptable. F.o.b. Origin, Freight Prepaid quotes MUST include an estimate of shipping costs which will be added to the price quote for price evaluation purposes to arrive at the total cost to the Government. All responsible small business sources may submit a quotation which shall be considered by the agency. Because this acquisition is a Total Small Business Set-aside, quotations from Large Businesses will not be considered. The following FAR provisions and clauses are incorporated: FAR 52.212-1, Instructions to Offerors - Commercial Items (June 2008) The provision at FAR 52.212-2 Evaluation of Commercial Items is not applicable to this solicitation. In lieu of this provision the following evaluation procedures shall be used: Quotes will be evaluated and a purchase order will be issued to the lowest priced technically acceptable quote. Technical Acceptability: Quotes must include copies of the following documents to be technically acceptable; 1) Copy of the AFTO cover sheet, 2) Copy of a valid FAA Certification or an OEM Certification, 3) a statement identifying subcontractor the prime contractor intends to use with a copy of the subcontractor's FAA or OEM Certification. If no subcontractor will be used the quotation should state this. Price: Offerors shall submit firm fixed prices for the overhaul work. Quotations shall identify the solicitation number HSCG38-12-Q-300024 and include the contractors Cage Code. Contractor's must be registered in CCR. FAR 52.212-3, Offeror Representations and Certifications-Commercial Items (Nov 2011); An Offeror shall complete only paragraph (b) of this 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 (c) through (o) of this provision. FAR 52.212-4 Contract Terms and Conditions-Commercial Items (June 2010) with the following addendum: FAR 52.211-14, Notice of Priority Rating for National Defense Use, Emergency Preparedness, and Energy Use Program (Apr 2008); DO-A1 Rated Order FAR 52.214-34, Submission of Offers in English Language (Apr 1991); FAR 52.214-35, Submission of Offers in U. S. Currency (Apr 1991); FAR 52.246-2 Inspection of Supplies-Fixed Price (Aug 1996) FAR 52.247-45 F.o.b. Origin and/or F.o.b. Destination Evaluation (Apr 1984) FAR 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998); FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998). Full text of provisions and clauses may be accessed electronically at https://www.acquisition.gov/far 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Feb 2012) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). 0Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] 0 (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). 0 (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). 0 (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) 0 (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Feb 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note). 0 (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 2010) (Pub. L. 111-5). 1 (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items). 0 (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). 0 (9) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). 0 (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). 0 (11) [Reserved] 1 (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644). 0 (ii) Alternate I (Nov 2011) of 52.219-6. 0 (iii) Alternate II (Nov 2011) of 52.219-6. 0 (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). 0 (ii) Alternate I (Oct 1995) of 52.219-7. 0 (iii) Alternate II (Mar 2004) of 52.219-7. 0 (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)). 0 (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)). 0 (ii) Alternate I (Oct 2001) of 52.219-9. 0 (iii) Alternate II (Oct 2001) of 52.219-9. 0 (iv) Alternate III (Jul 2010) of 52.219-9. 1 (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). 0 (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). 0 (18) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). 0 (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). 0 (ii) Alternate I (June 2003) of 52.219-23. 0 (20) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). 0 (21) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). 0 (22) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f). 1 (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)). 0 (24) 52.219-29 Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2011). 0 (25) 52.219-30 Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Nov 2011). 1 (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). 1 (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126). 1 (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). 1 (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). 0 (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). 1 (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). 0 (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212). 0 (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). 0 (34) 52.222-54, Employment Eligibility Verification (JAN 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) 0 (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) 0 (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) 0 (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). 0 (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423). 0 (ii) Alternate I (DEC 2007) of 52.223-16. 1 (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). 0 (39) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d). 0 (40)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (June 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138). 0 (ii) Alternate I (Jan 2004) of 52.225-3. 0 (iii) Alternate II (Jan 2004) of 52.225-3. 0 (41) 52.225-5, Trade Agreements (Nov 2011) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). 1 (42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). 0 (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). 0 (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). 0 (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). 0 (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). 1 (47) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). 0 (48) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). 0 (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). 0 (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). 0 (51)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). 0 (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] 0 (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). 0 (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). 0 (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). 0 (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). 0 (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 351, et seq.). 0 (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). 0 (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). 0 (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) [Reserved] (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). 0Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). (xii) 52.222-54, Employment Eligibility Verification (JAN 2009). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) HSAR 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, 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 an acquisition described in section 835(b)(1) 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 the 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 3009.108-7001 through 3009.108-7003; __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, 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 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004. (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) The Closing date and time for receipt of quotations is: 16 March 2012 at 3:00pm Eastern Time. Quotes may submitted electronically to Bekki.E.Koci@uscg.mil. Questions regarding this solicitation must be submitted in writing to Bekki.E.Koci@uscg.mil or Danny.R.Sawyer@uscg.mil no later than 16 March 2012 2:00pm Eastern Time. Phone calls regarding this solicitation prior to its closing will not be accepted. Quotes may also be mailed to the below address: USCG Aviation Logistics Center LRS/C130 Product Line, DRS Hangar ATTN:Bekki Koci/HSCG38-12-Q-3000024 Elizabeth City, NC 27909-5001
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/DHS/USCG/USCGARSC/HSCG38-12-Q-300024/listing.html)
 

Place of Performance

Address: 1060 Consolidated Rd, Elizabeth City, North Carolina, 27909, United States

Zip Code: 27909
 

Record

SN02697619-W 20120317/120315234815-cb2b1fb760630cda73204ff7e50382a7 (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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