Loren Data's SAM Daily™

FBO DAILY ISSUE OF OCTOBER 24, 2004 FBO #1063
SOLICITATION NOTICE

20 -- RELIEF VALVES FOR USCGC NORTHLAND

Notice Date

10/22/2004
 

Notice Type

Solicitation Notice
 

NAICS

332911 — Industrial Valve Manufacturing
 

Contracting Office

DHS - Direct Reports, United States Coast Guard (USCG), Commanding Officer (vpl), USCG Maintenance and Logistics Command - Atlantic, 300 East Main Street Suite 600, Norfolk, VA, 23510-9102
 

ZIP Code

23510-9102
 

Solicitation Number

HSCG80-05-Q-3FA088
 

Response Due

10/27/2004
 

Archive Date

10/27/2005
 

Description

17. 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 HSCG80-05-Q-3FAO88 is being issued as a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 01-25. The NAICS code is 332911 with a small business size standard of $6,000,000. This is an unrestricted procurement. The dining and lodging must be in the same facility. QTY: 1, UNIT: JB, CLIN 0001, Supply 3 Relief Valve 4 x6 150# ANSI Flanged Relief Valve set at 55-psi and configured for 900 GPM service. The provision at FAR 52.212-1, Instructions to Offerors ? Commercial Items (Jan 2004) applies (with the exception of paragraph f). Quotes must include a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications ? Commercial Items (Jan 2004), with its offer. The clause at FAR 52.212-4, Contract Terms and Conditions ? Commercial Items (Oct 2003) ADDENDUM to FAR 52.212-4, HSAR Clause 3052.209-70 Prohibition on Contracts with Corporate Expatriates (Dec 2003) (a) prohibitions. Section 835 of Public Law 107-296, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity after November 25, 2002, which is treated as an inverted domestic corporation as defined in this clause. 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 homeland security, or to prevent the loss of any jobs in the United States or prevent the Government from incurring any additional costs that otherwise would not occur. (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 that 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 series of related transactions)- (1) The entity completes 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 dose 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 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 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 purpose 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 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. 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. (End of provision) applies to this acquisition. The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders ? Commercial Items (Jan 2004) applies to this acquisition. FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-- Commercial Items (Jan 2004) applies to this acquisition. The following FAR Clauses are applicable: FAR 52.233-3, Protest after Award (Aug 1996) (31 U.S.C. 3553). FAR 52.222-3, Convict Labor (June 2003) (E.O. 11755). FAR 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Sep 2002) (E.O. 13126). FAR52.222-21, Prohibition of Segregated Facilities (Feb 1999) FAR 52.222-26, Equal Opportunity (Apr 2002) (E.O. 11246). FAR 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Dec 2001) (38 U.S.C. 4212). FAR 52.222-41, Service Contract Act of 1965, as Amended. (May 1989) 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, Veterans of the Vietnam Era, and Other Eligible Veterans (Dec 2001) (38 U.S.C. 4212). FAR 52.225-1, Buy American Act--Supplies (June 2003) (41 U.S.C. 10a - 10d). FAR 52.225-13, Restriction on Certain Foreign Purchases (Dec 2003). FAR 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). Vendors are required to submit, a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications ? Commercial Items, with their quote. Evaluation and Award: The government intends to award a contract resulting form this solicitation to the responsible offeror whose quote conforming to the solicitation provides the lowest overall price. DOL wage rates 94-2234 for LA, New Orleans, applies to this solicitation. No other additional contractual terms and conditions are applicable. No Defense Priorities and Allocations System (DPAS) rating are assigned. Commerce Business Daily numbered notes don?t apply. Quotes are due on 27 October 2004 by 4:00p.m. EST at U.S. Coast Guard, MLCA, vpl-4, 300 East Main Street, Suite 600, Norfolk, VA 23510-9102. For information regarding this acquisition, please contact Douglas G. Landau Contracting Officer, by phone at (757) 628-4638, electronic mail at dlandau@mlca.uscg.mil, or facsimile at (757) 628-4676. Quotes may be sent via facsimile, electronic mail or U.S. Mail.
 

Place of Performance

Address: CGC NORTHLAND, C/O CG Intergrated Support Center, 4000 Coast Guard Blvd, Portsmouth, VA

Zip Code: 23703-2199

Country: UNITED STATES
 

Record

SN00697769-W 20041024/041022211515 (fbodaily.com)
 

Source

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

---

| FSG Index  |  This Issue's Index  |  Today's FBO Daily Index Page |