This is a combined synopsis/solicitation for commercial items prepared in accordance with the format prescribed in Subpart 12.6 of the FAR, as suplemented with additional information included in this notice. This announcement constitutes the request for quotation for the required items under RFQ HSCG24-09-Q-1SAEW0. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-32. The Contracting Office at Coast Guard Air Station Cape Cod intends to purchase the following items: 1) Two speed hydraulic motor, OSHKOSH Part Number 1878710; 2) Hydraulic motor, OSHKOSH Part Number 1878720; 3) Pump replacement kit, OSHKOSH Part Number 4SK469. FOB: Destination to Bourne, MA 02542. Interested sources are invited to provide quotations to the Contracting Officer. The Contracting Officer is Linda A. Clarke, USCG, and can be reached at 508-968-6756,
[email protected]. The following Federal Acquisition Regulation (FAR) provisions and clauses apply: FAR 52.212-1 Instructions to Offerors-Commercial Items (JUN 2008), FAR 52.212-2 Evaluation-Commercial Items (JAN 1999)- award will be made to the Offeror proposing the Best Value to the Government considering price, delivery, and past performance, and quality. All technical factors are approximately equal to price. FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (FEB 2009) to include Alt I (APR 2002). These certifications must be included with quote. Contractors are encouraged to submit through http://orca.bpn.gov. FAR 52.212-4 Contract Terms and Conditions –Commercial Items (MAR 2009) are applicable to this solicitation. FAR 52.252-2 Clauses Incorporated by Reference (Jun 1998), the full text of the clause may be accessed electronically at Internet address http://www.arnet.gov/far; A Data Universal Numbering System (DUNS) Number is the primary identifier in FAR 52.204-7 Central Contractor Registration (CCR)(Apr 2008). Contractors are located and identified in CCR by their DUNS number. To facilitate payment via Electronic Funds Transfer – CCR, contractors should be registered in the CCR. A DUNS Number can be obtained via www.dnb.com and CCR registration can be obtained via www.ccr.dlis.dla.mil End of Clause FAR 52.212-5, Contract Terms and Conditions to Implement Statutes or Executive Orders –Commercial Items (MAY 2009) The following Clauses and others as indicated by the Contracting Officer as applicable shall apply to the awarded contract. FAR 52.222-3 Convict Labor (JUN 2003) (E.O. 11755) FAR 52.222-19 Child Labor-Cooperation with Authorities and Remedies (FEB 2008) (E.O. 13126),; FAR 52.222-21 Prohibition of Segregated Facilities (FEB 1999) FAR 52.222-26 Equal Opportunity (MAR 2007)(E.O. 11246), FAR 52.222-35 Equal Opportunity for Special Disable Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEPT 2006) (38 U.S.C. 4212), FAR 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998)(29 U.S.C. 793), FAR 52.222-37 Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era, and Other Eligible Veterans (SEPT 2006)(38 U.S.C. 4212), FAR 52.222-50 Combat Trafficking in Persons(FEB 2009) FAR 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008)(E.O. 12722,12724,13059.13067,13121, and 13129) FAR52.232-33 Payment by Electronic Funds Transfer-Central Contractor Registration (OCT 2003)(31 U.S.C. 3332) End of Clause The following clauses are incorporated by reference, entire clause(s) available at http://www.arnet.gov/far; HOMELAND SECURITY ACQUISITION REGULATION (48CFR CHAPTER 30) CLAUSES (can be accessed electronically at www.dhs.gov/dhspublic) HSAR 3052.209–70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUNE 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 after November 25, 2002, 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; 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 these shall not be taken into account in determining ownership. (i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or (ii) Stock of such entity which is sold in a public offering related to the acquisition described in subsection (b)(1) of Section 835 of the Homeland Security Act, 6 U.S.C. 395(b)(1). (2) Plan Deemed In Certain Cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such as 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 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 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 835. (f) Disclosure. The offeror under this solicitation represents that (check one) ( ) it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73; ( ) it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it has submitted a request for waiver pursuant to 3009.1004-74, which has not been denied; or ( ) it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to criteria (HSAR) 48 CFR 3009-104-70 through 3009.104-73, but it plans to submit a request for waiver pursuant to 3009.104-74. (g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.