AIRCRAFT COMPONENTS AND ACCESSORIES
Action Code: N/A
Date: 01/28/15
Year: 2015
Contracting Office Zip Code: 27909-5001
Classification Code: 16 - Aircraft Components & Accessories
Contracting Office Address: USCG, ALC, MRS, Elizabeth City, NC 27909-5001
Subject: Aircraft Parts and Accessories
Proposed Solicitation Number: HSCG38-15-Q-010055
Closing Response Date: 02/09/15
Primary Point of Contact: Denise Coley, Secondary Point of Contact: David E. Tanner
Contract Award and Solicitation Number: To be assigned at time of award / HSCG38-15-Q-010055
Contract Line Item Number(s): 1
Description: Aircraft Parts and Accessories
Place of Contract Performance: N/A
Set-aside Status: UNRESTRICTED
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This Request for Quote (RFQ) HSCG38-15-Q-010055 incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-79. The applicable North American Industry Classification Standard (NAICS) Code is 336413. The small business size standard is 1,000 employees. This requirement consists of the following spare parts utilized on the HC-144A USCG aircraft.
1. NSN: 1680-14-549-8494, SMOKE CONTROL UNIT, P/N T997C002, QTY 1 EA: MFGCD: F0554
Offerors should include the following: 1. NSN 2. Part number 3. Nomenclature 4. Unit Price 5. Extended Price 6. Discounts (prices shall include quantity discounts, if applicable) 7. Delivery Time 8. Warranty (if applicable) 9. FOB Point 10. Cage Code 11. Business Size 12. Minority Classification (if applicable)
The United States Coast Guard (USCG) anticipates award of a Firm-Fixed Price Purchase Order to the Original Equipment Manufacturer (OEM), or a distributor that can provide documented traceability for the components. Award will be made to the offeror quoting the lowest price technically acceptable to the USCG. All responsible sources may submit a quote which shall be considered by the USCG.
Only new items are acceptable. Reconditioned or used items are not acceptable. Offerors must be able to provide necessary certification including traceability to the OEM and provide a Certificate of Conformance (COC) to ensure parts are in airworthy condition, suitable for installation on USCG aircraft. Prospective vendors who are not the OEM must provide traceability for the materials. Traceability means a clear, complete, documented, auditable paper trail which traces each step from an OEM or distributor to its current location.
Required delivery schedule is 300 days or less after receipt of order. The offerors shall propose a delivery schedule. All requests for time extension shall be in writing and shall include substantiation of the need for such time extension in accordance with FAR 52.212-4 (f), Excusable delays. If nonperformance is not covered by an excusable delay, the Contractor and the Contracting Officer shall negotiate consideration for the approval of the extended delivery date at which time a modification will be issued to reflect the consideration and extension.
Drawings or specifications are not available and cannot be furnished by the Government. F.O.B. Destination is requested as the FOB point for Deliverables. Quotes submitted offering F.O.B. Origin should include estimated shipping charges to the USCG. Partial and early deliveries are acceptable if at no additional cost to the USCG. The offeror shall furnish a Certificate of Conformance (COC) in accordance with FAR clause 52.246-15. Certificate of Conformance must be submitted in the format specified in the clause.
Packaging, Marking and Preservation The offeror shall comply with ASTM D3951-10 (August 01, 2011), Standard Practice for Commercial Packaging. Packaging, packing, and preservation shall be in accordance with best commercial practices to enable shipment to destination and transshipment to USCG units without repackaging or incurring damage during shipment and handling. Items shall be individually packaged and labeled. Packaging material shall not consist of the following: popcorn, shredded paper, Styrofoam of any type, or peanut packaging. The internal packaging material shall be sufficient to prevent damage during shipment, handling, and storage. Preservation protection must be sufficient to prevent corrosion, deterioration, or decay during warehouse storage. Also, The Forms should be "attached to or included with the part and a copy placed on the outside of the shipping container".
Packing Slip At the time of delivery of supplies, the offeror shall furnish the Government a completed packing slip. Labeling shall include the National Stock Number, Part Number, Serial Number, Nomenclature, Quantity, Contract Line Item Number, and Contract Number. Labeling data shall be attached to the outside of the shipping container. Bar coding is not required. Certificate of Conformance (COC) shall be placed on the outside of individual containers.
Shipping Instructions Items shall be shipped to the following address: USCG Aviation Logistics Center
Receiving Section, Bldg. 63
Elizabeth City, NC 27909-5001 Mark For: Purchase Order No. ____________________________ (To be assigned at time of award)
The following Federal Acquisition Regulation (FAR) and Homeland Security Acquisition Regulation (HSAR) provisions and clauses are incorporated by reference:
52.212-1 Instructions to Offerors - Commercial Items (APR 2014)
Consistent with FAR Provision 52.212-1:
(c) Period for acceptance of offers. Prices must remain effective for 90 days after closing of solicitation.
(h) Multiple awards. The Government reserves the right to make more than one award (multiple awards) for different line items, if, after considering the additional administrative cost to the Government of awarding and administering separate contracts, it is determined that the multiple awards will result in the lowest overall cost to the Government. For purposes of evaluating the cost of making multiple awards, it is assumed that the administrative cost of awarding and administering a contract is $500.
52.212-2 Evaluation-Commercial Items (OCT 2014)
Quotes will be evaluated and contract awarded to the lowest priced technically acceptable quote. Technically Acceptable: Quotes must be for new manufactured commercial items from sources able to provide a Certificate of Conformance (COC) or traceability to the aircraft OEM. Only exact part numbers and no substitutes will be acceptable.
Only the lowest priced offer will be evaluated for Technical Acceptability. Should the lowest priced offer not receive an acceptable technical or past performance rating, the process will continue in order of lowest priced offer until the lowest priced, technically acceptable offer with acceptable or neutral past performance is identified.
52.212-3 Offeror Representations and Certification - Commercial Items (DEC 2014)
An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via http://www.acquisition.gov . If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provision.
52.212-4 Commercial Terms and Conditions - Commercial Items (MAY 2014) with the following included by Addendum:
(a) Inspection/Acceptance. Inspection and acceptance of items under this contract shall be performed at destination by USCG, Aviation Logistics Center (ALC) Receiving section personnel and consist of count and condition only. Certificate of Conformance (COC) shall be required for all items provided on this contract. (g) Invoice. The original contractor invoice shall be submitted to the designated billing office address stated below or emailed to the email address below. Submitting invoices for payment electronically is the preferred method. ALC-Fiscal@uscg.mil USCG, Aviation Logistics Center Fiscal Branch, Bldg. 63
Elizabeth City, NC 27909-5001 Mark For: Purchase Order No. ____________________________ (To be assigned at time of award)
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 (DEC 2014)
(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)).
0 Alternate 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). (19 U.S.C. 3805 note)).
(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. 4704 and 10 U.S.C. 2402).
0 (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509)).
0 (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).
1 (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).
0 (5) [Reserved]
0 (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014)(Pub L. 111-117, section 743 of Div. C).
0 (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014)(Pub. L. 111-117, section 743 of Div. C).
1 (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note).
0 (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
0 (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, 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).
1 (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
0 (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).
0 (13) [Reserved]
0 (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).
0 (ii) Alternate I (Nov 2011).
0 (iii) Alternate II (Nov 2011).
0 (15) (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(16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).
0 (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (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 (Oct 2014) of 52.219-9.
0 (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
0 (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).
0 (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
0 (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).
1 (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)).
0 (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).
0 (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).
1 (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
1 (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).
1 (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).
1 (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
0 (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).
1 (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
0 (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).
0 (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
0 (33) 52.222-54, Employment Eligibility Verification (Aug 2013). (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 (34) (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 (35) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O. 13423 and 13514).
0 (ii) Alternate I (JUN 2014) of 52.223-13.
0 (36) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (E.O. 13423 and 13514).
0 (ii) Alternate I (JUN 2014) of 52.223-14.
0 (37) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
0 (38) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (JUN 2014) (E.O.13423 and 13514).
0 (ii) Alternate I (JUN 2014) of 52.223-16.
1 (39) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).
0 (40) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
1 (41) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).
0 (ii) Alternate I (May 2014) of 52.225-3.
0 (iii) Alternate II (May 2014) of 52.225-3.
0 (iv) Alternate III (May 2014) of 52.225-3.
0 (42) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
0 (43) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
0 (44) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
0 (45) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
0 (46) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
0 (47) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
0 (48) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
1 (49) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332).
0 (50) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).
0 (51) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
0 (52) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
1 (53) (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 Labor Standards (May 2014) (41 U.S.C. chapter 67).
0 (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
0 (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).
0 (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
0 (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).
0 (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).
0 (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).
0 (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C 1792).
0 (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 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) (41 U.S.C. 3509).
(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.
(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).
(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212)
(viii) 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.
(ix) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67)
(x) 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)).
(xi) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67)
(xii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xiii) 52.222-54, Employment Eligibility Verification (Aug 2013).
(xiv) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xvi) 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)
52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address https://www.acquisition.gov/far.
52.211-14 Notice of Priority Rating for National Defense, Emergency Preparedness, Energy Program Use (APR 2008), (Rating: DO-N5)
52.252-2 Clauses Incorporated by Reference (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address https://www.acquisition.gov/far.
52.204-7 System for Award Management (JUL 2013)
52.204-13 System for Award Management Maintenance (JUL 2013)
52.225-8 Duty Free Entry (OCT 2010)
52.232-40 Providing Accelerated Payment to Small Business Subcontractors (DEC 2013)
52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)
52.242-13 Bankruptcy (JUL 1995)
52.246-15 Certificate of Conformance (APR 1984)
52.247-34 F.O.B. Destination (NOV 1991)
52.233-3 Protest after Award (AUG 1996)
Full text clauses:
Full Text Homeland Security Acquisition Regulation (HSAR) provisions and clauses:
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)
Closing date/time for submission of quotes is FEBRUARY 9, 2015 1:00, ET. Prices must remain effective for 90 days after closing of solicitation. All responsible sources may submit a quote which will be considered. Please indicate HSCG38-15-Q-010055 in subject line.
Quotes will be accepted via e-mail to denise.m.coley@uscg.mil or at the following mailing address:
USCG Aviation Logistics Center
MRS Product Line ATTN: Denise Coley
Elizabeth City, NC 27909-5001
Primary POC:
Denise M. Coley Email: Denise.m.coley@uscg.mil (252) 335-6562
Secondary POC: Terence L. Blucker, KO
Denise M Coley, Phone (252) 335-6562, Fax (252) 334-5427, Email denise.m.coley@uscg.mil - Terence L. Blucker, Email Terence.L.Blucker@uscg.mil
