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FBO DAILY ISSUE OF AUGUST 08, 2009 FBO #2814
SOLICITATION NOTICE

42 -- Armor plates - Brand Name Justification

Notice Date

8/6/2009
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

335991 — Carbon and Graphite Product Manufacturing
 

Contracting Office

Department of Homeland Security, Immigration & Customs Enforcement, ICE-OAQ-MD, 7701 N. Stemmons, Dallas, Texas, 75247, United States
 

ZIP Code

75247
 

Solicitation Number

VSA00000162
 

Archive Date

8/27/2009
 

Point of Contact

Greg Horwitz, Phone: 214 905 5499
 

E-Mail Address

greg.horwitz@dhs.gov
(greg.horwitz@dhs.gov)
 

Small Business Set-Aside

Total Small Business
 

Description

Brand name justification for required product. Solicitation Number: Notice Type: VSA00000162 Combined Synopsis/Solicitation SYNOPSIS: This is a combined synopsis/solicitation prepared in accordance with the format in FAR 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. The solicitation number is VSA00000162 and is a Request for Quotations (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 05-35. This request for quotations is a small business set-aside. The NAICS code is 335991 with a size standard of 500 employees. The Government anticipates awarding one firm fixed price purchase order for this item. The following factors will be used to evaluate quotes and are listed in order of importance: (1) Technical Acceptability (2) Price Technical Acceptability Provide documentation that shows the product offered is the brand name and part number required. The brand name justification is attached as required by FAR 5.102(a)(6) and FAR 13.106-1(b). This acquisition is for 40 each of Leading Technology Composites part #28720 Carbide ceramic laminate construction armor plate with carbon and Aramid backing technology. All plates are to be size medium. Price The total price will be a determining factor after determination is made as to compliance to technical acceptability. The award will be issued using Simplified Acquisition Procedures in accordance with FAR Part 13. Vendors should include warranty terms and delivery times with their quote. Delivery to: DHS ICE Office of Investigations SAC San Juan Attn: Dianne Romero, Capitol Office Bldg., 800 Ponce de Leon Avenue, 12th floor, Santurce, Puerto Rico 00907 The Government desires delivery of all parts 30 days ARO, but no later than 45 days ARO, and anticipates awarding a purchase order for these items on or about mid August, 2009. Inspection and Acceptance shall be at destination (supplies shall be delivered to the destination at the expense of the contractor). Faxed and e-mailed quotes will be accepted. Faxed quotes may be sent to the attention of Greg Horwitz at 214-905-5568 and e-mailed quotes may be sent to greg.horwitz@dhs.gov. Contractors are responsible for verifying receipt of their quotes. All responsible sources interested in responding to this RFQ must respond no later than 3:00 PM Central Time on August 12, 2009. FAR 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 FAR and HSAR provisions and clauses may be accessed electronically at this address: http://farsite.hil.af.mil/farsite.html (End of clause). The following FAR provisions and clauses apply to this combined synopsis/solicitation and are incorporated by reference- 52.212-1 Instructions to Offerors Commercial Items (JUN 2008) 52.212-3 Offeror Representations and Certification Commercial Items (JUL 2009). Note: An offeror shall complete only paragraph (j) 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 (b) through (i) of this provision. In addition, the following HSAR provision applies. HSAR 3052.209-70 Prohibition on Contracts with Corporate Expatriates (Jun 2006). 52.212-4 Contract Terms and Conditions, Commercial Items (MAR 2009) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders (JUN 2009) The following additional clauses under FAR 52.215-5(b) are applicable: 52.219-6 Notice of Total Small Business Set-Aside (JUN 2003) 52.219-28 Post Award Small Business Program Rerep (Jun 2007) 52.222-3 Convict Labor (Jun 2003) 52.222-19 Child Labor-Cooperation with Authorities and Remedies (FEB 2008) (E.O. 13126) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) (E.O. 11246) 52.222-36 Affirmative Action for Workers with Disabilities (Jun 1998) 52.222-50 Combating Trafficking in Persons (AUG 2007) 52.225-3 Buy American Act-Free Trade Agreements-Israeli Trade Act (JUN 2003) (41 U.S.C. 10a-10d) 52.225-13 Restriction on Certain Foreign Purchases (JUN 2008) 52.232-33 Payment by Electronic Funds Transfer-Central Contractor Registration (OCT 2003) 52.247-34 F.O.B. Destination (NOV 1991) 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 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) Contracting Office Address: 7701 N. Stemmons Freeway, Suite 300 Dallas, TX 75247 Place of Performance: Vendor's facility
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/DHS/INS/ICE-OAQ-MD/VSA00000162/listing.html)
 

Place of Performance

Address: Capitol Office Building, 800 Ponce de Leon Avenue, 12th Floor, Santurce, Puerto Rico, 00907, United States

Zip Code: 00907
 

Record

SN01902723-W 20090808/090807001422-6c5609be5c5ebdd6a6d66b07250cd048 (fbodaily.com)
 

Source

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

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