08.08_70CDCR19Q00000019.pdf

70CDCR19Q00000019

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

08/06/2019

1 2

Immigration and Customs Enforcement Office of Acquisition Management 801 I Street, NW Suite 930

ICE/Detention Compliance & Removals

WASHINGTON DC 20536

Multiple

ICE Enforcement & Removal

Immigration and Customs Enforcement 801 I Street, NW Suite 900

Washington

DC 20536

TAMEKA LONG

08/13/2019 1100 ES

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

The purpose of this solicitation is to procure five reserved parking spaces for ICE/ERO officers twenty four hours a day and seven days a week while on official business at the Harris County Jail. The term of this order is for one year with four one-year options to extend.

Period of Performance: 09/01/2019 to 08/31/2020

0001 RENTAL PARKING SERVICES FOR ICE OFFICERS. 12 MO

FIVE (5) DEDICATED, RESERVED PARKING SPACES

Product/Service Code: X1LZ Product/Service Description: LEASE/RENTAL OF

PARKING FACILITIES

Delivery: 09/01/2019

Continued ...

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 2

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70CDCR19Q00000019

0002 RENTAL PARKING SERVICES FOR ICE OFFICERS. 12 MO

FIVE (5) DEDICATED, RESERVED PARKING SPACES

(Option Line Item)

08/01/2020

Product/Service Code: X1LZ

Product/Service Description: LEASE/RENTAL OF

PARKING FACILITIES

Delivery: 09/01/2020

Period of Performance: 09/01/2020 to 08/31/2021

0003 RENTAL PARKING SERVICES FOR ICE OFFICERS. 12 MO

FIVE (5) DEDICATED, RESERVED PARKING SPACES

(Option Line Item)

09/01/2021

Product/Service Code: X1LZ

Product/Service Description: LEASE/RENTAL OF

PARKING FACILITIES

Delivery: 09/01/2021

Period of Performance: 09/01/2021 to 08/31/2022

0004 RENTAL PARKING SERVICES FOR ICE OFFICERS. 12 MO

FIVE (5) DEDICATED, RESERVED PARKING SPACES

(Option Line Item)

08/01/2022

Product/Service Code: X1LZ

Product/Service Description: LEASE/RENTAL OF

PARKING FACILITIES

Delivery: 09/01/2022

Period of Performance: 09/01/2022 to 08/31/2023

0005 RENTAL PARKING SERVICES FOR ICE OFFICERS. 12 MO

FIVE (5) DEDICATED, RESERVED PARKING SPACES

(Option Line Item)

08/01/2023

Product/Service Code: X1LZ

Product/Service Description: LEASE/RENTAL OF

PARKING FACILITIES

Delivery: 09/01/2023

Period of Performance: 09/01/2023 to 08/31/2024

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Attachment 1 RFQ no. 70CDCR19Q00000019

Statement of Work ERO Houston Parking

I. Purpose

The purpose of this requirement is to acquire five (5) reserved, secured parking spaces as outlined in the scope of work in section II.

II. Scope of Work

The Contractor shall provide five (5) individual parking spaces within .35 miles of the Harris County Jail Complex located at 700 North Jacinto Street, Houston, Texas.

The parking spaces shall be reserved and secured as the vehicles are law enforcement vehicles and are required to be safe and secure.

The Contractor shall provide 24-hour, seven (7) days a week access to the parking spaces and identification placards on each parking space assigned to ICE to ensure the spaces are reserved for ICE vehicles at all times. The Contractor shall also provide key card access to the parking structure and provide additional cards for visiting personnel (as needed).

III. Period and Place of Performance

Base Year plus four (4) option year periods.

Base Year: 09/01/2019 – 08/31/2020 Option Period I: 09/01/2020 – 08/31/2021 Option Period II: 09/01/2021 – 08/31/2022 Option Period III: 09/01/2022 – 08/31/2023 Option Period IV: 09/01/2023 – 08/31/2024

IV. Performance Standards Services shall be monitored by the Government to ensure that all parties are under compliance with the purchase order.

V. Quality Control The contractor shall ensure that all parking spaces are available and properly marked for ICE utilization of vehicles and security is monitoring the facility 24/7.

VI. Quality Assurance The government will perform those quality assurance procedures that are necessary to verify that services have been performed. Quality assurance will be performed routinely by the Government on either a scheduled or unscheduled basis.

Attachment 2

Purchase Order Terms and Conditions

In the case of a conflict between the terms and conditions of the contractor’s agreement and the terms and conditions of this purchase order, all applicable federal statutes and regulations shall govern.

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (JAN 2017)

This clause is incorporated by reference. The full text of the clause is available at:

https://www.acquisition.gov/FAR/.

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS – COMMECIAL ITEMS (JAN 2018)

(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:

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(JAN 2017)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)

52.233-3 Protest After Award (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

(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:

52.203-6 Restrictions on Subcontractor Sales to the Government (SEPT 2006)

Alternate I (OCT 1995)

52.203-13 Contractor Code of Business Ethics and Conduct (OCT 2015)

52.203-15 Whistleblower Protections under the American Recovery and Reinvestment Act of

2009 (JUNE 2010)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016)

[Reserved]

52.204-14 Service Contract Reporting Requirements (OCT 2016)

52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016)

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013) https://www.acquisition.gov/FAR/

[Reserved]

52.219-3 Notice of Total HUBZone Set-Aside (NOV 2011)

Alternate I (NOV 2011)

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014)

Alternate I (JAN 2011)

[Reserved]

52.219-6 Notice of Total Small Business Set-Aside (NOV 2011)

Alternate I (NOV 2011)

Alternate II (NOV 2011)

52.219-7 Notice of Partial Small Business Set-Aside (JUN 2003)

Alternate I (OCT 1995)

Alternate II (MAR 2004)

52.219-8 Utilization of Small Business Concerns (NOV 2016)

52.219-9 Small Business Subcontracting Plan (JAN 2017)

Alternate I (NOV 2016)

Alternate II (NOV 2016)

Alternate III (NOV 2016)

Alternate IV (NOV 2016)

52.219-13 Notice of Set-Aside of Orders (NOV 2011)

52.219-14 Limitations on Subcontracting (JAN 2017)

52.219-16 Liquidated Damages – Subcontracting Plan (JAN 1999)

52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011)

52.219-28 Post Award Small Business Program Rerepresentation (JUL 2013)

52.219-29 Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015)

52.219-30 Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015)

52.222-3 Convict Labor (JUN 2003)

52.222-19 Child Labor – Cooperation with Authorities and Remedies (JAN 2018)

52.222-21 Prohibition of Segregated Facilities (APR 2015)

52.222-26 Equal Opportunity (SEPT 2016)

52.222-35 Equal Opportunity for Veterans (OCT 2015)

52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014)

52.222-37 Employment Reports on Veterans (FEB 2016)

52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010)

52.222-50 Combating Trafficking in Persons (MAR 2015)

Alternate I (MAR 2015)

52.222-54 Employment Eligibility Verification (OCT 2015)

52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Products

(MAY 2008)

Alternate I (MAY 2008)

52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons

(JUN 2016)

52.223-12 Maintenance, Service, Repair or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016)

52.223-13 Acquisition of EPEAT®-Registered Imaging Equipment (JUNE 2014)

Alternate I (OCT 2015)

52.223-14 Acquisition of EPEAT®-Registered Televisions (JUNE 2014)

Alternate I (JUNE 2014)

52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007)

52.223-16 Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015)

Alternate I (JUNE 2014)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

52.223-20 Aerosols (JUN 2016)

52.223-21 Foams (JUN 2016)

52.224-3 Privacy Training (JAN 2017)

Alternate 1 (JAN 2017)

52.225-1 Buy American – Supplies (MAY 2014)

52.225-3 Buy American – Free Trade Agreements – Israeli Trade Act (MAY 2014)

Alternate I (MAY 2014)

Alternate II (MAY 2014)

Alternate III (MAY 2014)

52.225-5 Trade Agreements (OCT 2016)

52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008)

52.225-26 Contractors Performing Private Security Functions Outside the United States (OCT 2016)

52.226-4 Notice of Disaster or Emergency Area Set-Aside (NOV 2007)

52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007)

52.232-29 Terms for Financing of Purchases of Commercial Items (FEB 2002)

52.232-30 Installment Payments for Commercial Items (JAN 2017)

52.232-33 Payment by Electronic Funds Transfer—System for Award Management (JUL 2013)

52.232-34 Payment by Electronic Funds Transfer—Other than System for Award Management

(JUL 2013)

52.232-36 Payment by Third Party (MAY 2014)

52.239-1 Privacy or Security Safeguards (AUG 1996)

52.242-5 Payments to Small Business Subcontractors (JAN 2017)

52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006)

Alternate I (APR 2003)

(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:

52.222-17 Nondisplacement of Qualified Workers (MAY 2014)

52.222-41 Service Contract Labor Standards (MAY 2014)

52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 2014)

52.222-43 Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (MAY 2014)

52.222-44 Fair Labor Standards Act and Service Contract Act—Price Adjustment (MAY 2014)

52.222-51 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014)

52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014)

52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015)

52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017)

52.226-6 Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014)

52.237-11 Accepting and Dispensing of $1 Coin (SEPT 2008)

(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 this paragraph (e)(1) 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 (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113- 235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to https://www.acquisition.gov/sites/default/files/current/far/html/52_215.html#wp1144470 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%204_7.html#wp1082800 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1141983 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1158787 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136032 http://uscode.house.gov/ small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

(E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xi) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(xii) __(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O

13627).

__(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C.

chapter 67).

(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xv) 52.222-54, Employment Eligibility Verification (Oct 2015).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xx) (A) 52.224-3, Privacy Training (JAN 2017) (5U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT

2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 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.

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: https://www.acquisition.gov/FAR/.

FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

This clause is incorporated by reference. The full text of the clause is available at:

https://www.acquisition.gov/FAR/.

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FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

This clause is incorporated by reference. The full text of the clause is available at:

https://www.acquisition.gov/FAR/.

FAR 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS

(NOV 2015)

(a) Definitions. As used in this clause—

“Inverted domestic corporation” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(c) Exceptions to this prohibition are located at 9.108-2.

(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event.

FAR 52.217-8 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 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 1 day.

FAR 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 1 day; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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).

HSAR 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]:

_x 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.06-01-2006 HSAR 52-11

(End of clause)