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FBO DAILY ISSUE OF NOVEMBER 25, 2009 FBO #2923
MODIFICATION

Y -- Proposed Ownership Requirement for the Utah Data Center

Notice Date

11/23/2009
 

Notice Type

Modification/Amendment
 

NAICS

236220 — Commercial and Institutional Building Construction
 

Contracting Office

US Army Corps of Engineers, Baltimore, 10 South Howard Street, Baltimore, MD 21203
 

ZIP Code

21203
 

Solicitation Number

W912DR-09-S-0012
 

Response Due

10/31/2010
 

Archive Date

12/30/2010
 

Point of Contact

Carlen Capenos, 410-854-0739
 

E-Mail Address

US Army Corps of Engineers, Baltimore
(carlen.capenos@usace.army.mil)
 

Small Business Set-Aside

N/A
 

Description

The following is a proposed requirement for the Utah Data Center Project: Ownership Disclosure Requirements for Utah Data Center All offerors will be required to disclosure the ownership of all companies proposed to work on their team. If the offeror demonstrates an intelligence risk to national security, the offerors proposal will not be considered valid for this solicitation and therefore will not move to Phase 2. OWNERSHIP DISCLOSURE: Offerors will be required to submit a completed SF328, Certificate Pertaining to Foreign Interest, for the prime contractor (to include all parties in a joint venture), the Architect-Engineer and all major subcontractors proposed in Phase 1. The forms shall be completed and submitted by the due date required. All offerors and subcontractors will be required to comply with DFAR 252.209-7001, Disclosure of Ownership or Control by a the Government of a Terrorist Country, DFAR 252.209-7002, Disclosure of Ownership or Control by a Foreign Government and DFAR 252.2209-7004, Subcontracting with Firms that are Owned or Controlled by the Government of a Terrorist Country. A contract will not be awarded to a firm or subsidiary of a firm if it is determined that the government of a terrorist country has significant interest in the firm or subsidiary or if the firm is determined to be under foreign ownership, control or influence (FOCI) of countries that support terrorism or are considered critical intelligence threats. Subcontracts identified in the proposal are subject to the same eligibility determination. If the government determines there is or may be FOCI, the government may seek clarification to make a final determination if the offeror is eligible for award. If an offeror is not determined to be free of FOCI, they shall be ineligible for award and will not be selected to propose in Phase 2. 252.209-7001 Disclosure of Ownership or Control by the Government of a Terrorist Country (JAN 2009). (a) Definitions. As used in this provision (1) Government of a terrorist country includes the state and the government of a terrorist country, as well as any political subdivision, agency, or instrumentality thereof. (2) Terrorist country means a country determined by the Secretary of State, under section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(i)(A)), to be a country the government of which has repeatedly provided support for acts of international terrorism. As of the date of this provision, terrorist countries subject to this provision include: Cuba, Iran, Sudan, and Syria. (3) Significant interest means (i) Ownership of or beneficial interest in 5 percent or more of the firms or subsidiarys securities. Beneficial interest includes holding 5 percent or more of any class of the firms securities in nominee shares, street names, or some other method of holding securities that does not disclose the beneficial owner; (ii) Holding a management position in the firm, such as a director or officer; (iii) Ability to control or influence the election, appointment, or tenure of directors or officers in the firm; (iv) Ownership of 10 percent or more of the assets of a firm such as equipment, buildings, real estate, or other tangible assets of the firm; or (v) Holding 50 percent or more of the indebtedness of a firm. (b) Prohibition on award. In accordance with 10 U.S.C. 2327, no contract may be awarded to a firm or a subsidiary of a firm if the government of a terrorist country has a significant interest in the firm or subsidiary or, in the case of a subsidiary, the firm that owns the subsidiary, unless a waiver is granted by the Secretary of Defense. (c) Disclosure. If the government of a terrorist country has a significant interest in the Offeror or a subsidiary of the Offeror, the Offeror shall disclose such interest in an attachment to its offer. If the Offeror is a subsidiary, it shall also disclose any significant interest the government of a terrorist country has in any firm that owns or controls the subsidiary. The disclosure shall include (1) Identification of each government holding a significant interest; and (2) A description of the significant interest held by each government. (End of provision) 252.209-7002 Disclosure of Ownership or Control by a Foreign Government. (JUN 2005) (a) Definitions. As used in this provision (1) Effectively owned or controlled means that a foreign government or any entity controlled by a foreign government has the power, either directly or indirectly, whether exercised or exercisable, to control the election, appointment, or tenure of the Offerors officers or a majority of the Offerors board of directors by any means, e.g., ownership, contract, or operation of law (or equivalent power for unincorporated organizations). (2) Entity controlled by a foreign government (i) Means (A) Any domestic or foreign organization or corporation that is effectively owned or controlled by a foreign government; or (B) Any individual acting on behalf of a foreign government. (ii) Does not include an organization or corporation that is owned, but is not controlled, either directly or indirectly, by a foreign government if the ownership of that organization or corporation by that foreign government was effective before October 23, 1992. (3) Foreign government includes the state and the government of any country (other than the United States and its outlying areas) as well as any political subdivision, agency, or instrumentality thereof. (4) Proscribed information means (i) Top Secret information; (ii) Communications Security (COMSEC) information, except classified keys used to operate secure telephone units (STU IIIs); (iii) Restricted Data as defined in the U.S. Atomic Energy Act of 1954, as amended; (iv) Special Access Program (SAP) information; or (v) Sensitive Compartmented Information (SCI). (b) Prohibition on award. No contract under a national security program may be awarded to an entity controlled by a foreign government if that entity requires access to proscribed information to perform the contract, unless the Secretary of Defense or a designee has waived application of 10 U.S.C. 2536(a). (c) Disclosure. The Offeror shall disclose any interest a foreign government has in the Offeror when that interest constitutes control by a foreign government as defined in this provision. If the Offeror is a subsidiary, it shall also disclose any reportable interest a foreign government has in any entity that owns or controls the subsidiary, including reportable interest concerning the Offerors immediate parent, intermediate parents, and the ultimate parent. Use separate paper as needed, and provide the information in the following format: Offerors Point of Contact for Questions about Disclosure (Name and Phone Number with Country Code, City Code and Area Code, as applicable) Name and Address of Offeror Name and Address of Entity Controlled by a Foreign GovernmentDescription of Interest, Ownership Percentage, and Identification of Foreign Government (End of provision) 252.209-7004 Subcontracting with Firms That Are Owned or Controlled by the Government of a Terrorist Country (DEC 2006). (a) Unless the Government determines that there is a compelling reason to do so, the Contractor shall not enter into any subcontract in excess of $30,000 with a firm, or a subsidiary of a firm, that is identified in the Excluded Parties List System as being ineligible for the award of Defense contracts or subcontracts because it is owned or controlled by the government of a terrorist country. (b) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party that is identified, on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs, as being ineligible for the award of Defense contracts or subcontracts because it is owned or controlled by the government of a terrorist country. The notice must include the name of the proposed subcontractor and the compelling reason(s) for doing business with the subcontractor notwithstanding its inclusion on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs. (End of clause) The SF328 may be downloaded from the following link: http://contacts.gsa.gov/webforms.nsf/0/505756D3D8DB801185256B9D003F14D0/$file/sf328_e.pdf
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/USA/COE/DACA31/W912DR-09-S-0012/listing.html)
 

Place of Performance

Address: US Army Corps of Engineers, Baltimore 10 South Howard Street, Baltimore MD

Zip Code: 21203
 

Record

SN02009312-W 20091125/091123235113-44d675bdb5bc5c6708608a66f92e5986 (fbodaily.com)
 

Source

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

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