WATER AND WASTEWATER TREATMENT PLANT OPERATIONS
Added: Mar 29, 2012 12:00 pm 1) This is a combined synopsis/solicitation for commercial services prepared in accordance with Federal Acquisition Regulation (FAR) 12.6, and supplemental information included in this notice.2) This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The solicitation number for this effort is HSCEDM-12-R-00011 and the solicitation is issued as a request for proposal (RFP).3) The provisions and clauses incorporated into this solicitation document are those in effect tough Federal Acquisition Circular 2005-57. Provisions and clauses incorporated by reference have 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 a clause may be accessed electronically at these addresses: http://www.acquisition.gov/far/index.html -- or -- http://www.va.gov/oamm/oa/ars/policyreg/vaar/index.cfm4) This request consists of five (5) line items:CLIN 0001: Base Year 5/1/2012 tough 4/30/2013 Water / Wastewater Treatment Plant Operators CLIN 1001: Option Year One 5/01/2013 tough 4/30/2014 Water / Wastewater Treatment Plant OperatorsCLIN 2001: Option Year Two 5/01/2014 tough 4/30/2015 Water / Wastewater Treatment Plant OperatorsCLIN 3001: Option Year Tee 5/01/2015 tough 4/30/2016 Water / Wastewater Treatment Plant OperatorsCLIN 4001: Option Year Four 5/01/2016 tough 4/30/2017 Water / Wastewater Treatment Plant Operators5) The service to be provided under this contract will consist of the following:The contractor shall provide all personnel, supervision, and other items and services necessary to operate the water treatment and waste water treatment plant in accordance with the Federal Regulations, Texas Commission on Environmental Quality (TCEQ), and Texas Department of Health regulations. The site is a Government-owned 0.180 million gallon daily (MGD) water treatment plant and a 0.164 MGD waste water treatment plant located in Port Isabel Detention Center, 27991 Buena Vista Blvd, Los Fresnos, TX 78566. This effort requires 8 man-hours per day (including weekends and holidays).The contractor shall perform the following operating requirements:Project ManagementField Work (Water Treatment)Sample Collection, Analysis, and Reporting (Water Treatment)Equipment Maintenance (Water Treatment Plant)Field Work (Waste Water Treatment)Sample Collection, Analysis, and Reporting (Waste Water Treatment)Equipment Maintenance (Waste Water Treatment Plant)For more detail please review Attachment 1 - Performance Work Statement (PWS).6) Supplies are not being acquired. This is a contract for services.7) The effort to be awarded from this RFP is estimated to begin June 1, 2012 and continue tough May 31, 2013. There are four option years which may be exercised to continue service tough May 31, 2017. The start date may be altered if the selected offeror is capable of providing this service at an earlier date. Security processing is estimated to take 3 weeks at this time. The Place of performance is Port Isabel Detention Center, 27991 Buena Vista Blvd, Los Fresnos, TX 78566.8) Instructions to offerors are as follows:The purpose of this procurement is to acquire services to operate and maintain a water and waste water machinery at a detention facility for federal detainees in accordance with the solicitation's PWS. Offeror shall submit one electronic copy of its proposal via email to Bethany.Petrofsky@dhs.gov and Aubrey.Acemyan@ice.dhs.gov. The Government will evaluate the Offeror's understanding of the Government requirements and ability to perform the work on the basis of its proposal. It is the Offeror's responsibility to provide information and evidence that clearly demonstrates its ability to satisfactorily respond to the solicitation requirements. The Government does not intend to award partial or multiple awards, therefore the Offeror should propose effort for performance of the entire work package.* Please note that ALL labor categories shall comply, at a minimum, with the United States Department of Labor and the Service Contract Act (SCA) Wage Determinations. Service Contract Act Wage Determinations can be obtained at Wage Determinations On-Line at (WDOL.gov). Wage rates for the areas identified in this solicitation are provided in Attachment 4 and are current as of 6/13/2011. Please ensure that your offer is based on the most current Wage Determinations as of the date of your proposal submission.The Offeror shall submit a proposal that provides the details as to how they will meet the requirements outlined in the PWS contained within the solicitation, which will then be incorporated into the contract. Offers must meet the standards of Attachment - 2 Permit to Discharge Wastes to Bayview Detention CenterThe associated North American Industry Classification System (NAICS) code is 221320. The size standard is $7.0M.Offerors shall submit questions requesting clarification of solicitation requirements via email to Bethany.Petrofsky@dhs.gov and Aubrey.Acemyan@ice.dhs.gov. All questions regarding the issued solicitation or site visit shall be received no later than 2:00pm EST April 6, 2012, earlier submissions are accepted. Please clearly number each question and be as clear as possible. For proposal purposes, the estimated date of the contract award is June 1, 2012 with full performance of this effort to be dependent on security and other requirements.Proposal Receipt - Award will be made under Solicitation HSCEDM-12-R-00011. Proposals shall be received by the Immigrations and Customs Enforcement, Office of Acquisition Management not later than 12:00PM EST April 17, 2012. Offerors shall submit one copy via email to Bethany.Petrofsky@dhs.gov and Aubrey.Acemyan@ice.dhs.gov. The offeror shall comply with the detailed instructions for the format and content of the proposal. (Note: Please be aware of possible delays in elecronic submissions. Items recieved by the DHS email server by 12:00PM EST April 17, 2012 will be consitered timely; any items recieved after 12:00PM EST April 17, 2012 will be consitered late and will not be evaluated.)Proposal Format - In order to maximize efficiency and minimize the time for proposal evaluation, it is required that the Offeror submit its proposal in accordance with the format and content specified. The proposal shall meet the following format requirements:• 8.5 x 11 inch paper • Single spaced typed lines • 1 inch margins • 12 point Times New Roman Font in text • No hyperlinks • MS Word Software. • Limited to 50 pages (25 double sided sheets). If more than 50 pages are received, only the first 50 pages will be evaluated.Proposal Sections - Proposal shall be limited to the following submissions and pages:Volume I Signed SF 1449 (Blocks 30a, 30b, and 30c)Proposed Prices for CLIN 0001 tough CLIN 4001Volume IIQuality Control Plan Staffing Plan Past Performance and Corporate ExperienceProposal Content -Quality Control PlanThe Offeror shall describe its approach to planning and executing a quality control and assurance process toughout the life of the contract that will fully meet the standards set forth in the RFP and all statutory and regulatory requirements. The description should address, at a minimum:• Plan and execute a quality control process toughout the life of the contract• Inspections• MethodologyStaffing PlanThe offeror shall provide a description of its staffing plan sufficient to demonstrate a clear understanding and ability to provide the services required in the PWS.• Staffing - The offeror shall provide a staffing plan. The offeror shall identify key personnel and provide resume(s). Specific identification of current Grade "C" Surface Water and Grade "C" Waste Water Certifications for each operator are required.• The contractor will explain their internal controls and process for how they intend to hire qualified individuals, obtain or retain clearances and certifications, and plan for retention of these qualified employees.• The offeror's staffing plan shall include a description of how the offeror plans to utilize the staff to meet all the PWS requirements.• In the event that the person who normally provides the services cannot work that day, the contractor shall state how they will provide for continued coverage in service.Past Performance and Corporate ExperienceThe offeror shall provide information sufficient to demonstrate its experience in projects of similar scope, complexity and results, particularly related to the operation and maintenance of a similar water and waste water treatment plant system as described in the PWS.The offeror shall provide 2 to 5 contract summaries related to corporate experience in the operation and maintenance of water and waste water treatment plant system and the offeror will have past clients to submit Past Performance Questionnaires over the past (3) tee years from the date of the solicitation of contracts of similar scope, and complexity to the requirements in the PWS.Contract summaries should not exceed four (4) pages each; the contract summaries will not count toward the 50 page limitation on proposals. The offeror should provide the following information in the contract summaries submitted:a. Contract Name/Number/Valueb. Project Descriptionc. Period of Performanced. Points of Contact to include the Contracting Officer and COTRUtilize the past performance questionnaire form, Attachment 5, in order to facilitate efficiency in receipt and evaluation of Past Performance Questionnaires. Offerors shall include the Offeror's company name and Solicitation Number HSCEDM-12-R-00011 in the header of the questionnaires prior to delivering a questionnaire to a client. In order to facilitate efficiency in receipt of Past Performance Questionnaires, Offerors are requested to ensure the following guidance is conveyed to a client: (1) Clients shall return the Past Performance Questionnaire electronically via email to both Bethany.Petrofsky@ice.dhs.gov and Aubrey.Acemyan@ice.dhs.gov. It is the Offeror's responsibility to ensure that the clients email the questionnaires to the email address above. Offerors shall not submit questionnaires with their proposal. (2) The subject line of the email should read as follows: "Solicitation Number HSCEDM-12-R-00011 and (Offeror's name)." (3) Past Performance Questionnaires must be received no later than the proposal due time and date of 12:00PM EST April 17, 2012.The past performance evaluation will be based on information obtained from references provided by the Offeror, as well as other relevant past performance information obtained from other sources known to the Government including Federal, State, and local Governments agencies, Better Business Bureau, and published mediate and electronic databases.9) The provision at 52.212-2, Evaluation - Commercial Items, applies to this solicitation. The following text is added to Paragraph (a) of FAR 52.212-2: The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation and offers the lowest price and is technically acceptable. The following factors shall be used to evaluate offers:1. Quality Control Plan2. Staffing Plan3. Past Performance4. PriceAll non-price factors listed above shall be evaluated on a (pass/fail) bases.Evaluation Factors - The non-price factors will be evaluated using the following (pass/fail) ratings.Quality Control PlanThe Offeror shall describe its approach to planning and executing a quality control process toughout the life of the contract that will fully meet the standards set forth in the RFP and all statutory and regulatory requirements. The plan should address, at a minimum:• Plan and execute a quality control process toughout the life of the contract• Inspections• MethodologyQuality Control Plan Ratings - (Pass/Fail)Pass - The offeror provided an adequate Quality Control Plan that included at a minimum, a plan to execute a quality control process toughout the life of the contract, inspections and methodology.Fail - The offeror indicated a lack of understanding of what is required in a Quality Control Plan. The offeror's plan failed to adequately address the planning, execution of quality control toughout the life of the contract, inspections and methodology.Staffing PlanThe offeror shall provide a description of its staffing plan sufficient to demonstrate a clear understanding and ability to provide the services required in the PWS.• Staffing - The offeror shall provide a proposed staffing plan. The offeror shall identify key personnel and provide resume. Specific identification of current Grade "C" Surface Water and Grade "C" Waste Water Certifications for each operator are required.• The offeror will explain their internal controls and process for how the offeror intends to hire qualified individuals, obtain or retain clearances and certifications, and the offeror's plan for retaining these employees.• The offeror's staffing plan shall include a description of how the offeror plans to utilize the staff to meet all the PWS requirements including deliverables.• In the event that the person who normally provides the services cannot work that day, the contractor shall state how they will provide for continued coverage in service.Staffing Plan Ratings - (Pass/Fail)Pass - The offeror provided an adequate staffing plan that included at a minimum key personnel/resumes, Grade "C' Surface Water and Grade "C" Waste Water Certifications for operator, submitted an adequate plan for hiring qualified individuals, obtaining or retaining clearances and certification, and retention of these employees. The offeror also provided an adequate plan to utilize staff to meet all the PWS requirements including deliverables, and explained how continued coverage will be maintained.Fail- The offeror indicated a lack of understanding of what is required to be in the staffing plan. The offeror's staffing plan failed to include key personnel/resumes with no identification of current Grade "C" Surface Water and Grade "C" Waste Water Certifications for each operator. The offeror failed to indicate an understanding of how to hire qualified individuals, obtain or retain clearances and certifications, and retain qualified employees. The staffing plan has very little/no description on how the utilization of the staff to meet all the PWS requirements including deliverables, and explain how continued coverage will be maintained.Past Performance The offeror shall provide information sufficient to demonstrate its experience in projects of similar scope, complexity and results, particularly related to the operation and maintain the water and waste water treatment plant system as described in the PWS.Past Performance Ratings - (Pass/Fail)Pass - The offeror provided an adequate past performance references which demonstrate its experience in projects of similar scope, complexity and results, particularly related to the operation and maintain the water and waste water treatment plant system as described in the PWS. Offerors with no directly related or similar relevant past performance experience will receives no merit or demerit for this factor.Fail - The offeror's past performance indicated a lack of understanding and failed to demonstrate its experience in projects of similar scope, complexity and results, particularly related to the operation and maintain the water and waste water treatment plant system as described in the PWS.PriceThe Government will conduct its price analysis using one or more of the techniques specified in FAR 19.806. The Price proposal will not be adjectively rated. For the purposes of determining the lowest price, the evaluated price will be the sum of the base year and all four (4) option periods. Price will not be scored, however it will be considered a factor in the Lowest Price Technically Acceptable (LPTA) determination. Proposals will be evaluated for completeness and reasonableness:• Completeness: All information/data required by the RFP has been submitted, tracks to the requirements and supports the offer.• Reasonableness: Prices are considered fair under current market conditions and reasonable to the Government.Each price will be validated by examining the arithmetic accuracy and consistency of the information presented in the proposal.10) The offeror is instructed to include a completed copy of provision 52.212-3, Offeror Representations and Certifications - Commercial Items with submitted offers.11) Clause 52.212-4, Contract Terms and Conditions - Commercial Items applies to this acquisition.12) Clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items, applies to this acquisition. Below are additional clauses cited within 52.212-5 which are hereby included in this acquisition:X (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 (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Feb 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note).X (6) 52.209-6, Protecting the Government' Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (31 U.S.C. 6101 note). X (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).X (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).X (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).X (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).X (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).X (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).X (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).X (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).X (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).X (34) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)X (38) 52.223-18, Contractor Policy to Ban Text Messaging while Driving (Aug 2011).X (42) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).X (47) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332).Clauses incorporated from paragraph (c) of clause 52.212-5:X (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).X (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) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.).13) No contract financing is offered for this acquisition, nor are there any warranty requirements.14) The Defense Priorities and Allocations System (DPAS) is not applicable to this acquisition.15) Proposals shall be received by the Immigrations and Customs Enforcement, Office of Acquisition Management not later than 12:00PM EST April 17, 2012. The offerors shall submit one copy via email to Bethany.Petrofsky@dhs.gov and Aubrey.Acemyan@ice.dhs.gov. Emails must be received by the DHS email server by 12:00PM EST in order to be considered timely. If necessary, proposals may be submitted via two separate emails to take into account size limitations on messages; if split amongst multiple emails, all emails must be received by the deadline in order to be evaluated. To verify receipt, please call Ms. Aubrey Acemyan at (202)732-2564.16) The point of contact for information regarding this solicitation is Ms. Aubrey Acemyan, Contract Specialist, Email: Aubrey.Acemyan@ice.dhs.gov, Phone: (202)732-2564.17) Additional Clauses incorporated into this acquisition:FAR CLAUSES INCORPORATED BY REFERENCE52.252-2 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 a clause may be accessed electronically at this/these address(es):http://www.acquisition.gov/far/index.htmlhttp://www.va.gov/oamm/oa/ars/policyreg/vaar/index.cfm(End of Clause)The following clauses are incorporated by reference:52.202-1 DEFINITIONS (JAN 2012)52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT - ALTERNATE I (SEP 2006)52.204-7 CENTRAL CONTRACTOR REGISTRATION (FEB 2012)52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (FEB 2012)52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS (FEB 2012)52.219-14 LIMITATIONS ON SUBCONTRACTING (NOV 2011)52.219-28 POST-AWARD SMALL BUISNESS PROGRAM REPRESENTATION (APR 2009)52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS (MAY 2008)52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011)52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997)52.242-13 BANKRUPTCY (JUL 1995)52.242-15 STOP WORK ORDER (AUG 1989)52.245-1 GOVERNMENT PROPERTY (AUG 2010)52.246-25 LIMITATION OF LIABILITY - SERVICES (FEB 1997)3052.225-70 REQUIREMENT FOR USE OF CERTAIN DOMESTIC COMMODITIES (AUG 2009)3052.228-70 INSURANCE (DEC 2003)FAR CLAUSES INCORPORATED BY FULL TEXT52.217-8 -- Option to Extend Services (Nov 1999)The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 60 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.(End of Clause)52.217-9 -- Option to Extend the Term of the Contract (Mar 2000)(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.(End of Clause)52.219-17 - Section 8(a) Award (Dec 1996)(a) By execution of a contract, the Small Business Administration (SBA) agrees to the following:(1) To furnish the supplies or services set forth in the contract according to the specifications and the terms and conditions by subcontracting with the Offeror who has been determined an eligible concern pursuant to the provisions of section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)).(2) Except for novation agreements and advance payments, delegates to the Immigration and Customs Enforcement Office of Acquisition Management the responsibility for administering the contract with complete authority to take any action on behalf of the Government under the terms and conditions of the contract; provided, however that the contracting agency shall give advance notice to the SBA before it issues a final notice terminating the right of the subcontractor to proceed with further performance, either in whole or in part, under the contract.(3) That payments to be made under the contract will be made directly to the subcontractor by the contracting activity.(4) To notify the Immigration and Customs Enforcement Office of Acquisition Management Contracting Officer immediately upon notification by the subcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern.(5) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the cognizant Contracting Officer under the "Disputes" clause of the subcontract.(b) The offeror/subcontractor agrees and acknowledges that it will, for and on behalf of the SBA, fulfill and perform all of the requirements of the contract.(c) The offeror/subcontractor agrees that it will not subcontract the performance of any of the requirements of this subcontract to any lower tier subcontractor without the prior written approval of the SBA and the cognizant Contracting Officer of the Immigration and Customs Enforcement Office of Acquisition Management.(End of Clause)52.219-18 -- Notification of Competition Limited to Eligible 8(a) Concerns (June 2003)(a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration (SBA) for participation in the SBA's 8(a) Program and which meet the following criteria at the time of submission of offer --(1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and(2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA.(b) By submission of its offer, the Offeror represents that it meets all of the criteria set forth in paragraph (a) of this clause.(c) Any award resulting from this solicitation will be made to the Small Business Administration, which will subcontract performance to the successful 8(a) offeror selected tough the evaluation criteria set forth in this solicitation.(d)(1) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply in connection with construction or service contracts.(2) The ____________ [insert name of SBA's contractor] will notify the Immigrations and Customs Enforcement Office of Acquisition Management Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.(End of Clause)3052.209-70 -- 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 an acquisition described in section 835(b)(1) 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 3009.108-7001 tough 3009.108-7003;__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 tough 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, 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 3009.108-7001 tough 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004.(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)3052.215-70 Key Personnel or Facilities (DEC 2003)(a) The personnel or facilities specified below are considered essential to the work being performed under this contract and may, with the consent of the contracting parties, be changed from time to time during the course of the contract by adding or deleting personnel or facilities, as appropriate.(b) Before removing or replacing any of the specified individuals or facilities, the Contractor shall notify the Contracting Officer, in writing, before the change becomes effective. The Contractor shall submit sufficient information to support the proposed action and to enable the Contracting Officer to evaluate the potential impact of the change on this contract. The Contractor shall not remove or replace personnel or facilities until the Contracting Officer approves the change.The Key Personnel or Facilities under this Contract:Program Manager(End of clause)3052.242-72 Contracting Officer's Technical Representative (DEC 2003)(a) The Contracting Officer may designate Government personnel to act as the Contracting Officer's Technical Representative (COTR) to perform functions under the contract such as review or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COTR under the contract.(b) The Contracting Officer cannot authorize the COTR or any other representative to sign documents, such as contracts, contract modifications, etc., that require the signature of the Contracting Officer.(End of clause)Attachments:Attachment 1 - Performance Work Statement - 14 pagesAttachment 2 - Permit to Discharge Wastes to Bayview Detention Center - 23 pagesAttachment 3 - Quality Assurance Surveillance Plan - 7 pagesAttachment 4 - Department of Labor Wage Rate Determination 2005-2519 Rev 13 - 10 pagesAttachment 5 - Past Performance Questionnaire - 2 pagesNOTE: Be advised, a site visit has been scheduled for offerors on Thursday, April 5, 2012 from 9:00am to 12:00pm (CST) in order to see the facility in which this effort will be occurring. This site visit is an opportunity to allow offerors to visit the facility and more accurately create a proposal for this effort, it is not mandatory.In order to participate in this site visit, the following information must be submitted to Ms. Aubrey Acemyan at Aubrey.Acemyan@ice.dhs.gov by 12:00pm (noon) EST on Monday April 2, 2012:Legal NameSocial Security Number (SSN)Date of Birth (DOB)A copy of driver's licenseContact information (i.e. Cell Phone number, best way to reach you)If you are not a US citizen, please also submit:Legal Residence AddressA NumberOfferors that do not submit this information as instructed will not be allowed to enter the facility for this site visit. Additionally, attendance at this site visit is not mandatory. If you do not attend, offerors are still permitted to submit proposals in response to the requirement. Any questions regarding this requirement before or arising from the site visit are to be submitted in writing to Ms. Aubrey Acemyan at Aubrey.Acemyan@ice.dhs.gov in order to be collected, consolidated, answered, and distributed to all offerors. Questions must be submitted by 2:00pm (EST) on Friday April 6, 2012. HSCEDM-12-R-00011 Immigration and Customs Enforcement
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