PRESOL | R | Courier Services - Houston - Pricing Schedule

FBO DAILY ISSUE OF SEPTEMBER 03, 2009 FBO #2840
SOLICITATION NOTICE

R -- Courier Services - Houston - Pricing Schedule

Notice Date: 9/1/2009
Notice Type: Combined Synopsis/Solicitation
NAICS: 492210 — Local Messengers and Local Delivery
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: HSCEMD-09-Q-00049
Archive Date: 10/1/2009
Point of Contact: Eva L. Fulton, Phone: 2149055392
E-Mail Address: eva.fulton@dhs.gov
(eva.fulton@dhs.gov)
Small Business Set-Aside: Total Small Business
Description: Pricing Schedule - must be completed and submitted with Proposal from Offeror. Department of Homeland Security Immigration & Customs Enforcement Office of Acquisitions - Investigations & Mission Support Dallas Combined Synopsis/Solicitation - HSCEMD-09-Q-00042 This is a combined synopsis/solicitation for a Firm Fixed Price contract for local Courier Services, located in the following geographic area: Houston, Texas. IAW FAR 5.101, this action is electronically submitted to potential offers which meet the criteria below as noted through CCR registered offerors. This action will be posted for 10 business days. For your proposal to be considered, it must be received in this office by 3:00 pm CST (Dallas) on September 16, 2009 via email to eva.fulton@dhs.gov utilizing the attached pricing sheet with the proposing firm's name at the top of the document along with any other associated information requirements mentioned within this posting. Request for Proposal HSCEMD-09-Q-00042 is in accordance with FAR Subpart 12.6-Streamlined Procedures for Evaluation and Solicitation for Commercial Items. The Government intends to award a Firm Fixed Priced contract for the Statement of Work (SOW) indicated below. FAC 2005-27, Effective August 28, 2008. NAICS Code 492210 and the small business size standard is $25.5 million. This posting announcement/solicitation on www.Fedbid.com being solicited as restricted to Small Businesses only, and constitutes the only request for proposal that will be issued. The Period of Performance for this requirement is from September 21, 2009 through September 20, 2010 as the base period of performance with four (4) additional one (1) year exercisable options IAW FAR 52.217-9 Option to Extend the Terms of the Contract. To be eligible for award under this solicitation, the company MUST be listed with current status on the Central Contractor Registration (CCR) website (www.ccr.gov) and the offeror's representations and certifications must be updated and complete in the Online Representations and Certifications Applications website at https://orca.bpn.gov/. This announcement will be evaluated according to FAR Part 13, Simplified Acquisition Procedures (SAP), SubPart 13.1. Award will be made to the apparent awardee with the lowest priced, technically acceptable offer. Technical acceptability is based upon complying with the Statement of Work, delivery schedule, and Security Requirements as indicated below. The total price is based upon the cumulative price of the base period of performance plus the additional four (4) option periods in their totality. Service Contract Act - Labor Category (31043) This requirement has been determined by the contracting officer that the required services to be performed are deemed to be covered under the Service Contract Act (SCA WD05-2509 (Rev 8). The SCA Directory, Fifth Edition, Occupational Index, pg 3 indicated the service be performed as a "Driver Courier", Code 31043. Under U.S Department of Labor Register of Wage Determinations under the Service Contract Act with a Date of Revision of 07/22/2009, rates a 31043 position as making a wage of $14.39 per hour plus the applicable Occupational Benefits such as Health and Welfare, Vacation, and Holidays. DEPARTMENT of HOMELAND SECURITY IMMIGRATION AND CUSTOMS ENFORCEMENT Statement of Work (SOW) Organization: Department of Homeland Security Immigration and Customs Enforcement Office of the Principal Legal Advisor Dallas Office of Chief Counsel Courier Services - September 2009 Background: The Office of the Principal Legal Advisor of (OPLA) provides legal advice, and services required to support the ICE mission while defending the immigration laws of the United States in the administrative and Federal courts. Pursuant to section 442© of the Homeland Security Act, OPLA is the exclusive legal representative for ICE and the DHS legal component authorized to represent the government in all exclusion, deportation, and removal proceedings before the Executive office of Immigration Review. As the legal representative of the U.S Government at immigration court hearings, OPLA attorneys handle a variety of immigration-related issues that range from contested removals to custody determinations to applications for administrative relief. Most of the hearings involve criminal aliens, terrorists, and human rights abusers, among others. Objective: OPLA's Houston, Texas Office of the Chief Counsel (OCC) requires daily courier service to transport files, small equipment, documents, and supplies between the Houston Chief Counsel's permanent duty station at 126 Northpoint Drive, room 2020, Houston, Texas 77060 and our satellite office at 2320 LaBranch Street, room 2214 Houston, Texas 77004. Courier service from one to three days a week will also be needed to transport files, small equipment, documents, and supplies between the OCC 126 Northpoint Drive office and OCC satellite offices at 5520 Greens Road Houston, Texas 77032, the ICE Huntsville office at 7405C Highway 75 South Huntsville, Texas 77340, the ICE Livingston office at 3400 FM 350 South Livingston, Texas 77351, and the Office of the United States Attorney 919 Milam Houston, Texas 77208. Scope of Work: 1) Pick up crates of files, documents, & mail daily at 126 Northpoint Drive, room 2020, Houston, Texas 77060. Pickup will be made at the 126 Northpoint office between 7:30 a.m. and 8:30 a.m. daily, Monday through Friday. Pickup will typically consist of 1-8 crates of legal files, small, equipment, documents, and/or supplies. When practical, items will be stored in stacking crates. Each crate will weigh between 10 and 40 pounds. 2) Deliver these crates daily to 2320 LaBranch Street, room 2214, Houston, Texas 77004 to arrive at 2320 LaBranch between 8:00 a.m. and 10:00 a.m. daily. When arriving at 2320 LaBranch, and after dropping off the files and crates, pickup all the crates that contain files and other items for return to the 126 Northpoint office. Each day will involve a two-way delivery. 3) Return the LaBranch crates to the responsible attorney at his or her assigned office at 126 Northpoint Drive, 2nd floor. Crates are to be returned to the offices of the individual attorneys regardless of his or her immediate physical presence. Each crate will be labeled for delivery to a specific attorney's office at the 126 Northpoint Drive duty station. 4) The courier will obtain a signature at each office verifying delivery and/or pick-up of crates. 5) Delivery to and from the other four worksites listed above will be accomplished as needed. Courier service to these sites is estimated to be needed one time a week. 6) The courier is not at liberty to read or peruse through any materials/information being transported at any point during the services being provided. 7) The courier company will provide the OPLA office with a daily delivery receipt showing all deliveries. 8) Badging requirements differ at each location however it is noted that couriers will be escorted by a Federal employee at both the Northpoint and LaBranch offices - no exceptions. 9) Offeror is responsible for any tolls, parking expenses, etc. Invoicing: The vendor will invoice monthly in arrears. Invoices will be submitted to the ICE Burlington Finance Center for payment. Billing instructions will be included on the award document. Period of Performance: The period of performance will consist of Base year period beginning at the time the order is executed and continuing for 12 months with Four (4) One (1) Year Option Periods Remaining. Insurance and Bonding: The offeror shall be appropriately insured and bonded according to commercial practices for couriers of legal documents, sensitive but unclassified information. The Offeror shall have minimum insurance liability requirements in the state of operations for the services mentioned herein. Holidays The following legal holidays are observed by ICE and there are no pickups or deliveries required: New Years Day Martin Luther King Day Presidents Day Memorial Day Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Christmas Day Note: Any holiday falling on a weekend may be observed on the Friday prior or the Monday following at the Agency's discretion. Some holidays will include more than one day. For those subsequent days, pick-ups/retrieval will not occur. PERSONNEL a. The Contractor will provide a point of contact name and phone number to OPLA, the requiring program personnel. b. In the event the contractor encounters problems that may prevent them from completing the scheduled work, they shall immediately call the OPLA office at (281) 931-2022 or (214) 905-5532 or the Contracting Officer at (214) 905-5496. REQUIRED SECURITY CLAUSE SENSITIVE /UNCLASSIFED CONTRACTS SECURITY REQUIREMENTS Only U.S. Citizens will be hired to work on this contract. Background checks as outlined below shall be accomplished prior to the first day of performance. Background checks shall be accomplished at no additional cost to the government. GENERAL The Department of Homeland Security (DHS) has determined that performance of the tasks as described in this future award requires that the Contractor, subcontractor(s), vendor(s), etc. (herein known as Contractor) have access to sensitive DHS information, and that the Contractor will adhere to the following. SUITABILITY DETERMINATION DHS shall have and exercise full control over granting, denying, withholding or terminating unescorted government facility and/or sensitive Government information access for Contractor employees, based upon the results of a background investigation. DHS may, as it deems appropriate, authorize and make a favorable entry on duty (EOD) decision based on preliminary security checks. The favorable EOD decision would allow the employees to commence work temporarily prior to the completion of the full investigation. The granting of a favorable EOD decision shall not be considered as assurance that a full employment suitability authorization will follow as a result thereof. The granting of a favorable EOD decision or a full employment suitability determination shall in no way prevent, preclude, or bar the withdrawal or termination of any such access by DHS, at any time during the term of the contract. No employee of the Contractor shall be allowed to EOD and/or access sensitive information or systems without a favorable EOD decision or suitability determination by the Office of Professional Responsibility, Personnel Security Unit (OPR-PSU). No employee of the Contractor shall be allowed unescorted access to a Government facility without a favorable EOD decision or suitability determination by the OPR-PSU. Contract employees assigned to the contract not needing access to sensitive DHS information or recurring access to DHS ' facilities will not be subject to security suitability screening. BACKGROUND INVESTIGATIONS Contract employees (to include applicants, temporaries, part-time and replacement employees) under the contract, needing access to sensitive information, shall undergo a position sensitivity analysis based on the duties each individual will perform on the contract. The results of the position sensitivity analysis shall identify the appropriate background investigation to be conducted. Background investigations will be processed through the Personnel Security Unit. Prospective Contractor employees with adequate security clearances issued by the Defense Industrial Security Clearance Office (DISCO) may not be required to submit complete security packages, as the clearance issued by DISCO may be accepted. Prospective Contractor employees without adequate security clearances issued by DISCO shall submit the following completed forms to the Personnel Security Unit through the COTR, no less than 5 days before the starting date of the contract or 5 days prior to the expected entry on duty of any employees, whether a replacement, addition, subcontractor employee, or vendor: 1. Standard Form 85P, "Questionnaire for Public Trust Positions" Form will be submitted via e-QIP (electronic Questionnaires for Investigation Processing) (2 copies) 2. FD Form 258, "Fingerprint Card" (2 copies) 3. Foreign National Relatives or Associates Statement 4. DHS 11000-9, "Disclosure and Authorization Pertaining to Consumer Reports Pursuant to the Fair Credit Reporting Act" 5. Optional Form 306 Declaration for Federal Employment (applies to contractors as well) 6. Authorization for Release of Medical Information Required forms will be provided by DHS at the time of award of the contract. Only complete packages will be accepted by the OPR-PSU. Specific instructions on submission of packages will be provided upon award of the contract. Be advised that unless an applicant requiring access to sensitive information has resided in the US for three of the past five years, the Government may not be able to complete a satisfactory background investigation. In such cases, DHS retains the right to deem an applicant as ineligible due to insufficient background information. The use of Non-U.S. citizens, including Lawful Permanent Residents (LPRs), is not permitted in the performance of this contract for any position that involves access to, development of, or maintenance to any DHS IT system. CONTINUED ELIGIBILITY If a prospective employee is found to be ineligible for access to Government facilities or information, the COTR will advise the Contractor that the employee shall not continue to work or to be assigned to work under the contract. The OPR-PSU may require drug screening for probable cause at any time and/ or when the contractor independently identifies, circumstances where probable cause exists. The OPR-PSU may require reinvestigations when derogatory information is received and/or every 5 years. DHS reserves the right and prerogative to deny and/ or restrict the facility and information access of any Contractor employee whose actions are in conflict with the standards of conduct, 5 CFR 2635 and 5 CFR 3801, or whom DHS determines to present a risk of compromising sensitive Government information to which he or she would have access under this contract. The Contractor will report any adverse information coming to their attention concerning contract employees under the contract to the OPR-PSU through the COTR. Reports based on rumor or innuendo should not be made. The subsequent termination of employment of an employee does not obviate the requirement to submit this report. The report shall include the employees' name and social security number, along with the adverse information being reported. The OPR-PSU must be notified of all terminations/ resignations within five days of occurrence. The Contractor will return any expired DHS issued identification cards and building passes, or those of terminated employees to the COTR. If an identification card or building pass is not available to be returned, a report must be submitted to the COTR, referencing the pass or card number, name of individual to whom issued, the last known location and disposition of the pass or card. The COTR will return the identification cards and building passes to the responsible ID Unit. SECURITY MANAGEMENT The Contractor shall appoint a senior official to act as the Corporate Security Officer. The individual will interface with the OPR-PSU through the COTR on all security matters, to include physical, personnel, and protection of all Government information and data accessed by the Contractor. The COTR and the OPR-PSU shall have the right to inspect the procedures, methods, and facilities utilized by the Contractor in complying with the security requirements under this contract. Should the COTR determine that the Contractor is not complying with the security requirements of this contract; the Contractor will be informed in writing by the Contracting Officer of the proper action to be taken in order to effect compliance with such requirements. The following computer security requirements apply to both Department of Homeland Security (DHS) operations and to the former Immigration and Naturalization Service operations (FINS). These entities are hereafter referred to as the Department. INFORMATION TECHNOLOGY SECURITY CLEARANCE When sensitive government information is processed on Department telecommunications and automated information systems, the Contractor agrees to provide for the administrative control of sensitive data being processed and to adhere to the procedures governing such data as outlined in DHS IT Security Program Publication DHS MD 4300.Pub. or its replacement. Contractor personnel must have favorably adjudicated background investigations commensurate with the defined sensitivity level. Contractors who fail to comply with Department security policy are subject to having their access to Department IT systems and facilities terminated, whether or not the failure results in criminal prosecution. Any person who improperly discloses sensitive information is subject to criminal and civil penalties and sanctions under a variety of laws (e.g., Privacy Act). INFORMATION TECHNOLOGY SECURITY TRAINING AND OVERSIGHT All contractor employees using Department automated systems or processing Department sensitive data will be required to receive Security Awareness Training. This training will be provided by the appropriate component agency of DHS. Contractors who are involved with management, use, or operation of any IT systems that handle sensitive information within or under the supervision of the Department, shall receive periodic training at least annually in security awareness and accepted security practices and systems rules of behavior. Department contractors, with significant security responsibilities, shall receive specialized training specific to their security responsibilities annually. The level of training shall be commensurate with the individual's duties and responsibilities and is intended to promote a consistent understanding of the principles and concepts of telecommunications and IT systems security. All personnel who access Department information systems will be continually evaluated while performing these duties. Supervisors should be aware of any unusual or inappropriate behavior by personnel accessing systems. Any unauthorized access, sharing of passwords, or other questionable security procedures should be reported to the local Security Office or Information System Security Officer (ISSO). This announcement incorporates FAR provisions and clauses in effect through FAR: CLAUSES INCORPORATED BY REFERENCE (Feb 98) FAR 52.252-2 This contract incorporates one or more clauses by reference with the same force and effect as if they were given in their 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 address; http://www.arnet.gov/far. 52.212-1 Instructions to Offerors of Commercial Items 52.212-3 Offeror Representations and Certification-Commercial Items (ORCA) 52.212-4 Contract Terms and Conditions-Commercial Item (Feb 2007) 52.212-5 Contract Terms and Conditions Required to Implement Statues or Executive Orders --Commercial Items (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) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (2) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78) (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: __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). _X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). __ (3) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a). __ (4) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JULY 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (5) [Reserved] _X_ (6)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-6. __ (iii) Alternate II (Mar 2004) of 52.219-6. __ (7)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-7. __ (iii) Alternate II (Mar 2004) of 52.219-7. __ (8) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)). __ (9)(i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Oct 2001) of 52.219-9. __ (iii) Alternate II (Oct 2001) of 52.219-9. __ (10) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)). __ (11) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (12)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). __ (ii) Alternate I (June 2003) of 52.219-23. __ (13) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (14) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (15) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f). __ (16) 52.219-28, Post Award Small Business Program Rerepresentation (June 2007) (15 U.S.C. 632(a)(2)). _X_ (17) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _X_ (18) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126). _X_ (19) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X_ (20) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). _X_ (21) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). X__ (22) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793). _X_ (23) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). _X_ (24) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). _X_ (25)(i) 52.222-50, Combating Trafficking in Persons (Aug 2007) (Applies to all contracts). __ (ii) Alternate I (Aug 2007) of 52.222-50. __ (26)(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)). __ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). __ (27) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (28)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423). __ (ii) Alternate I (DEC 2007) of 52.223-16. __ (29) 52.225-1, Buy American Act-Supplies (June 2003) (41 U.S.C. 10a-10d). __ (30)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (Aug 2007) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L 108-77, 108-78, 108-286, 109-53 and 109-169). __ (ii) Alternate I (Jan 2004) of 52.225-3. __ (iii) Alternate II (Jan 2004) of 52.225-3. __ (31) 52.225-5, Trade Agreements (NOV 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X_ (32) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (33) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (34) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (35) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). __ (36) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _X_ (37) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). __ (38) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). __ (39) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332). __ (40) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (41)(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). __ (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: _X_ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). __ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). _X_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (Nov 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Feb 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). __ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). __ (7) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 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 paragraphs (e)(1)(i) through (xi) of this paragraph 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 (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (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 $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (iv) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). (v) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (vi) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). (vii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (viii) 52.222-50, Combating Trafficking in Persons (Aug 2007) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50. (ix) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, etseq.). (x) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (xi) 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) The following FAR clauses are also included in this solicitation: 52.216-4 Economic Price Adjustment - Labor and Material for future fuel prices 52.217-9 Option to Extend the Terms of the Contract HSAR Clauses - (CONTRACTOR IS TO COMPLETE AND ATTACH TO PROPOSAL) 3052.209-70 Prohibition on contracts with corporate expatriates. 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) Proposals shall be submitted via email to Eva Fulton, Contract Specialist, eva.fulton@dhs.gov No Later Than - 3:00 pm CST (Dallas) by September 16, 2009. Any offers received later than this time will be considered unresponsive and will not be included in the evaluation.
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/DHS/INS/ICE-OAQ-MD/HSCEMD-09-Q-00049/listing.html)
Place of Performance: Address: 126 Northpoint Drive, Room 2020, Houston, Texas, 77060, United States; Zip Code: 77060
Record: SN01936347-W 20090903/090902010231-9e846be4331fcb58fd669d923c9afb2b (fbodaily.com)
Source: FedBizOpps Link to This Notice
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