MODIFICATION
99 -- Refuse Collection, Disposal and Recycling Service 02
- Notice Date
- 2/10/2007
- Notice Type
- Modification
- NAICS
- 562212
— Solid Waste Landfill
- Contracting Office
- Department of Homeland Security, United States Coast Guard (USCG), Commander (fcp), USCG Maintenance and Logistics Command - Pacific, Coast Guard Island Building 54C, Alameda, CA, 94501-5100, UNITED STATES
- ZIP Code
- 00000
- Solicitation Number
- HSCG89-07-R-6SH002
- Response Due
- 2/28/2007
- Archive Date
- 12/31/2007
- Point of Contact
- Melissa Vincent, Contract Specialist, Phone 510-437-3371, Fax 510-437-3014, - Christopher Hum, Contract Specialist, Phone 510-437-5916, Fax 510-437-3014,
- E-Mail Address
-
Melissa.D.Vincent@uscg.mil, Christopher.G.Hum@uscg.mil
- Description
- THE FOLLOWING HOMELAND SECURITY ACQUISITION REGULATION CLAUSES ARE INCORPORATED BY REFERENCE: CLAUSE TITLE 3052.220-90 LOCAL HIRE (JUN 2006) 3052.228-70 INSURANCE (DEC 2003) 3052.223-90 ACCIDENT AND FIRE REPORTING (DEC 2003) 3052.242-71 DISSEMINATION OF CONTRACT INFORMATION (DEC 2003) 3052.242-72 CONTRACTING OFFICER?S TECHNICAL REPRESENTATIVE (DEC 2003) 3052.245-70 GOVERNMENT PROPERTY REPORT (JUN 2006) 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (SEP 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 Afiliated 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 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 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 3009.104-70 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 3009.104-74, 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 3009.104-70 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. (End of provision) 52.212-5: Contract Terms and Conditions Required to Implement Statutes or Executive Orders-- Commercial Items (June 2004) The following clauses cited in FAR 52.212-5 are applicable to this acquisition; FAR 52.203-6 Restrictions on Subcontractor Sales to the Government, with Alternate I (41 U.S.C. 2553g AND 10 2402), Prohibition of Segregated Facilities; FAR 52.222-26, Equal Opportunity (E.O. 11246); FAR 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era and other eligible Veterans (38 U.S.C. 4212); FAR 52.222-36 Affirmative Action for Workers with Disabilities (29 U.S.C. 793); FAR 52.222-37, Employment Reports on Special Disable Veterans, Veterans of the Vietnam Era, and other eligible veterans (38 U.S.C. 4212); FAR 52.232-33, Payment by Electronic Funds Transfer ? Central Contractor Registration (31 U.S.C. 3332); FAR 52.222-41, Service Contract Act of 1965, As Amended (41 U.S.C. 351, et seq.); EXERCISE OF OPTION(S): The Coast Guard may unilaterally exercise its option(s) to extend the period of performance under this contract under FAR 52.217-9, Option to Extend Term of Contract, or exercise its option(s) for continuing performance for any service under FAR 52.217-8, Option to Extend Services. Exercise of option(s) may be subject to the Availability of Funds clause, FAR 52.232-18; FAR 52.222-42, Statement of Equivalent Rates for Federal Hires (29 U.S.C. 206 AND 41 U.S.C. 351, et seq (Refuse Driver, $14.65). The Department of Labor Wage Determination No. 2005-2059 Revision No. 3, dtd 29 Nov 2006 applies. The full text of any clauses reference above are available from the Contracting Officer or may be accessed electronically at: http://www.arnet.gov/far and http://www.dhs.gov/interweb/assetlibrary/DHS_HSAR_DEC_2003.pdf ADDENDA FAR 52.212-1 INSTRUCTIONS TO OFFERORS ? COMMERCIAL ITEMS (SEPT 2006): The Government intends to award only one firm fixed price contract. The offeror is required to identify past or current contracts for efforts similar to all services relevant to this requirement. Offerors are to submit three (3) references. Provide as a minimum the following applicable information: Contract number, type of service involved, contract type (fixed price, time & material), total dollar amount, procuring activity or firm?s complete name, include addresses, telephone numbers and the point of contact. OFFER SUBMITTALS: Offers may be submitted either by mail, facsimile or e-mail. If mailing, send to: Commander, Maintenance and Logistics Command Pacific (fcp-1), Bldg. 54C, Coast Guard Island, Alameda, California 94501-5100, Attn: Melissa Vincent. If by facsimile to: (510) 437-3014; if by e-mail to Melissa.Vincent@uscg.mil. Offeror?s must provide as a minimum: (1) solicitation number; (2) Company?s name and address, a point of contact, telephone number; (3) price and any discount terms; (4) Representatives and Certifications (5) Past Performance information. FAR 52.212-2 EVALUATION ? COMMERCIAL ITEMS (JAN 1999) The Government will award one firm-fixed price contract resulting from this synopsis/solicitation to the responsible offeror(s) whose offer conforming to the solicitation will be more advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers, Past Performance and Price. 1) Price: The total price for CLIN 0001 and Options will be the evaluated in accordance with FAR 15.404-1(b). Past Performance: Will be evaluated on the quality of previous experience and the relevance of previous experience. The offeror is required to identify past or current contracts for efforts similar to all services relevant to this requirement. Offerors are to submit three (3) references. Provide as a minimum the following applicable information: Contract number, type of service involved, contract type (fixed price, time & material), 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, competence ? customer satisfaction, management ? adequate oversight. A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. RESPONSE TIME: Offerors are to submit their proposals not later than Wednesday, 3 P.M. Pacific Coast Standard Time by the Response Date: 28 February 2007. CURRENT POINT OF CONTACT: Melissa Vincent, Contract Specialist, Phone: VOICE 510-437-3371, FAX 510-437-3014, Email melissa.vincent@uscg.mil PLACE OF PERFORMANCE: U.S. Coast Guard Housing at 227 South Oakwood Drive, Novato, California 94949 and U. S. Coast Guard Pacific Strike Team, Hanger 2, Hamilton Field, Novato, California 94949. ATTACHMENTS: Contractor shall comply with the Performance Work statement (PWS), Refuse Collection and Disposal and Recycling Services and be subject to the Performance Requirement Summary contained in this combined synopsis/solicitation. The Offeror is also provided a copy of the Government Quality Assurance Surveillance Plan as a part of this combined synopsis solicitation.
- Place of Performance
- Address: Novato, California
- Zip Code: 94949
- Country: UNITED STATES
- Zip Code: 94949
- Record
- SN01230064-W 20070212/070210220233 (fbodaily.com)
- Source
-
FedBizOpps Link to This Notice
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