7_Attachment_IV_Solicitation_Provisions_(v2).docx

RFQ #: 070Z2318QPD500100

Attachment IV, Solicitation Provisions

Attachment IV Solicitation Provisions

FAR Provisions The following FAR Provisions are hereby incorporated in this Solicitation with addenda attached as necessary:

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address:

https://www.acquisition.gov/ (End of provision) The following FAR provisions are hereby incorporated in this solicitation by reference:

The provision at 52.212-1, Instructions to Offerors—Commercial and is supplemented as follows:

Paragraph (b) (2), Quoter shall submit their quote by the following deadline in order to be considered for award:

Quote Submission Deadline: Quoter shall submit an electronic version of their quote in word or adobe pdf format by 04:30 PM ET on Wednesday, January 10, 2018 via FBO with a copy emailed to James O’Brien at James.J.OBrien@uscg.mil and Jim Dawson at James.J.Dawson@uscg.mil.

If you have questions or concerns regarding this solicitation, please send questions by email to James.J.OBrien@uscg.mil no later than 04:30 PM ET on Friday January 05, 2018.

Paragraph (b) (4), Quoter shall submit the following technical information in order to be considered for award:

Technical Capability to meet the requirements of the Government – Quoter shall submit the following with their technical proposal to satisfy the requirements of Attachment 1, SOW:

1. Technical approach to fulfilling the requirements in the Statement of Work to include but not limited to; a confirmation that Attachment 1A, floor layout design, will be provided as well as HVAC system, septic and fresh water systems for the restrooms per Attachment 1, SOW. Confirm the ability to hook up trailer to electric source at SFLC Yard, and provide your service plan to include septic and fresh water tank maintenance based on daily trailer occupancy of 45 people.

2. Schedule. The delivery and set up of both trailers per SOW shall be not later than February 1, 2018.

Paragraph (b) (6) Quoter shall submit the following in order to be considered for award:

Price – Quoter shall submit a Firm Fixed Price quote for all supplies and services described in attachment I SOW by filling out all unit and extended prices for all CLINs listed in Attachment II Pricing Schedule. The Quoted price shall be FOB destination that includes all cost associated with shipping, handling, fees and payment terms. The quoted shall include a point of contact, name, email address, and phone number.

End of Supplement

The provision at 52.212-2, Evaluation—Commercial Items is supplemented as follows:

Paragraph (a) of this provision is deleted in its entirety and replaced with the following:

The USCG intends to award a purchase order resulting from this solicitation to the responsible Quoter whose offer conforming to the solicitation will be most advantageous to the Government, based on the lowest price technically acceptable (LPTA). In order for the quote to be determined technically acceptable the contractor must demonstrate that they can provide all supplies and services to satisfy the requirements of Attachment 1, SOW and Attachment 1A Design and be able to deliver and set-up the trailers Attachment 1B for location for use starting on February 1, 2018.

Each quote determined to be technically acceptable will then be listed in order from highest to lowest total firm fixed price for all CLINS. The lowest priced technically acceptable quote will be selected for award.

End of Supplement

Homeland Security Acquisition Regulation (HSAR) Provisions The following HSAR Provisions are hereby incorporated by reference into this solicitation:

The following HSAR Provision is hereby incorporated in full text into this solicitation:

3052.209-70 - Prohibition on contracts with corporate expatriates. (JUN 2006)

(a) Prohibitions. 43 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 through 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 through 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 through 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)

END OF SOLICITATION PROVISIONS