HSCG23-16-Q-QW2127.pdf

COVER PAGE

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some other external forum.

Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the Contracting Officer or Ombudsman.

Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or, as an alternative to that, the Ombudsman under the OPAP program.

Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely, protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted electronically to OPAP@uscg.mil and the Contracting Officer or by hand-delivery to the Contracting Officer.

Election of Forum. After an interested party protests a Coast Guard procurement to the Contracting Officer or the Ombudsman, and while the protest is pending, the protester agrees not to file a protest with the GAO or other external forum. If the protest is filed with an external forum, the agency protest will be dismissed. The Ombudsman Hotline telephone number is (202) 372-3695.

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

Washington DC 205930001

2703 MARTIN LUTHER KING JR AVE SE

USCG HEADQUARTERS (CG-912)

99999 CODE 16. ADMINISTERED BYCODE

X

X

X

336612

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR231

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

09/06/2016 1400 ET

08/22/2016

2522474550Joe Tallent (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

HSCG23-16-Q-QW2127

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 3 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

Yorktown VA 236905000 Attn: BOSN4 Michael Lindsay Steuben Hall 1 US Coast Guard Trn Ctr TRACEN Yorktown

15. DELIVER TO

Washington DC 205930001

2703 MARTIN LUTHER KING JR AVE SE

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USCG HEADQUARTERS (CG-912)

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

The United States Coast Guard (USCG) has a requirement to obtain a submersible, Self-propelled boat trailer to be used for hauling, transporting and launching the USCG Special Purpose Craft Training Boat (SPC-TB) for USCG Training Center Yorktown, VA (TCY). This requirement will be met with a Competitive Firm Fixed Price (FFP) Commercial Contract as set aside for Total Small Business. The delivery location is Training Center Yorktown, VA indicated in the Attachment (A) Statement of Work

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

NATHAN K. DOLEZAL

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

(SOW).

Period of Performance: 09/30/2016 to 06/30/2021

00001 Self-Propelled Boat Trailer (Design, Manufacture, 1 EA

Test, Delivery and Training In accordance with the Statement of Work dated 15AUG2016.

Delivery: 06/30/2017

Period of Performance: 09/30/2016 to 06/30/2017

10001A Structural Warranty as per section 4.1.1 of the 1 YR

SOW

(Option Line Item)

07/01/2017

Period of Performance: 07/01/2017 to 06/30/2018

10001B General Service Warranty as per section 4.1.2 of 1 YR the SOW

(Option Line Item)

07/01/2017

Period of Performance: 07/01/2017 to 06/30/2018

20001A Structural Warranty as per section 4.1.1 of the 1 YR

SOW

(Option Line Item)

07/01/2018

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

3 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

HSCG23-16-Q-QW2127

Period of Performance: 07/01/2018 to 06/30/2019

30001A Structural Warranty as per section 4.1.1 of the 1 YR

SOW

(Option Line Item) 07/01/2019

Period of Performance: 07/01/2019 to 06/30/2020

40001A Structural Warranty as per section 4.1.1 of the 1 YR

SOW

(Option Line Item) 07/01/2020

Period of Performance: 07/01/2020 to 06/30/2021

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

Sponsored by GSA

FAR (48 CFR) 53.110

Request for Quote (RFQ) # HSCG23-16-Q-QW2127 Issued 22 AUG 2016

Continuation of the Standard Form (SF) 1449

REQUEST FOR QUOTE (RFQ)

TABLE OF CONTENTS

Section Description Page

Numbers

A Solicitation / Contract

Form

See attached

Standard Form

(SF) 1449

B Continuation From Block

20 of SF-1449

C Contract Clauses 6

D Contract Documents, Exhibits, and Attachments

E Solicitation Provisions 24

Request for Quote (RFQ) # HSCG23-16-Q-QW2127 Issued 22 AUG 2016

SECTION A – STANDARD FORM (SF) 1449

A.1 See SF-1149

SECTION B – CONTINUATION FROM BLOCK 20 OF SF-1449

1. Introduction. The United States Coast Guard (USCG) has a requirement to obtain a submersible, Self-propelled boat trailer to be used for hauling, transporting and launching the USCG Special Purpose Craft –

Training Boat (SPC-TB) for USCG Training Center Yorktown, VA (TCY).

2. Overview of the Work. USCG TRACEN Yorktown (TCY) Boat Forces Center operates 14 38-foot

Special Mission Training Boats (38’ SPC-TB) to support Boatswain Mate A-school. Each 38’ SPC-TB is hauled at the TCY boat ramp after 100 hours of operation or during mechanical casualties. TCY has one self-propelled trailer capable of hauling the 38’ SPC-TB but frequently encounters maintenance delays when the trailer suffers a casualty or when more than one 38’ SPC-TB is in need of planned maintenance or repair. A second self-propelled trailer would ensure that maintenance and repairs are conducted in a timely manner and avoid loss of underway training for Boatswain Mate A-school.

3. Delivery Destination. 1 U.S. Coast Guard Training Center Yorktown; Yorktown, VA 23690-5000.

4. Applicable North American Industry Classification System (NAICS) Code. The applicable NAICS code is 336612, “Boat Building”.

5. Type of Contracts to be Awarded. As a result of this solicitation, USCG plans to award one Firm-Fixed

Price (FFP) commercial contract. This contract is a Total Small Business set-aside as per Federal

Acquisition Regulations (FAR) part 52.219-6.

6. Anticipated Period of Performance. :

a. Base Period – 30 September 2016 to 30 June 2017

b. Option Period # 1 – 01 July 2017 to 30 June 2018

c. Option Period # 2 - 01 July 2018 to 30 June 2019

d. Option Period # 3 - 01 July 2019 to 30 June 2020

e. Option Period # 4 - 01 July 2020 to 30 June 2021

7. Commercial Item Determination. This contract meets the definition of “Simplified Procedures for

Certain Commercial Items” in accordance with FAR Part 13.5.

8. Type of Solicitation. This solicitation is governed by FAR Part 12.102(c), “Acquisition of Commercial

Items - Applicability”.

9. Questions and Answers. All questions regarding this solicitation must be received by Friday, August th

, 2016, at 2:00 PM Eastern Daylight Time (EDT). Questions received after this time and date may or may not be addressed by USCG.

Questions will only be accepted in email format. Questions received in any other format will be disregarded. Emails should be addressed to the joint attention of the Contract Specialist, Chief Warrant

Officer (CWO) Joe Tallent, at joe.b.tallent@uscg.mil and the Contracting Officer, Mr. Nathan Dolezal, at nate.dolezal@uscg.mil.

By submission of its quote, each offeror is verifying that it understands the RFQ, the RFQ attachments, and that there are no exceptions to the RFQ or its attachments in the quote itself.

mailto:joe.b.tallent@uscg.mil mailto:nate.dolezal@uscg.mil

Request for Quote (RFQ) # HSCG23-16-Q-QW2127 Issued 22 AUG 2016

10. Quote Submissions. The deadline for quotes submission is Tuesday, September 6 th

, 2016, at 2:00 PM

(EDT). Any quote received after the aforementioned date and time risks immediate rejection by the

Contracting Officer.

Quotes will only be accepted by email; any quote received by USCG that is not emailed will not be considered for award. All quote emails should be addressed to the joint attention of the Contract Specialist, Chief Warrant Officer (CWO) Joe Tallent, at joe.b.tallent@uscg.mil and the Contracting Officer, Mr.

Nathan Dolezal, at nate.dolezal@uscg.mil.

The email must have the offeror’s name in the subject line and be formatted as noted below. The only text that should change is the text [in brackets]:

a. [Name of Offeror’s Company], Technical Capabilities Volume; and

b. [Name of Offeror’s Company], Price Volume.

The file capability of USCG’s servers is 10 megabytes (MBs). A quote that is of greater size shall be submitted in multiple transmissions, all of which must arrive by the quote submission deadline.

By submission of its quote, the offeror is asserting that it understands the RFQ, the RFQ attachments, and that there are no exceptions to the RFQ or its attachments in the quote itself.

11. Disclaimer. This RFQ shall not be considered direction to proceed with the subject effort. This RFQ is not a promise of future direction to proceed. Offerors are solely responsible for all RFQ submission costs.

12. Quote Submission Instructions. Quotes shall be limited per the instructions outlined below. If any volume or required information is omitted, offerors risk being excluded from award.

Each volume should be sent as a separate attachment. Please try to keep all emails below 10 MB in size due to USCG email restrictions.

Technical Capability Volume (Vol. 1). In this volume, the offeror shall:

a. (Technical Approach) Demonstrate its ability to perform all requirements in accordance with the Statement of Work (SOW). Area of particular focus will be on section 3 of the

SOW.

For formatting details, the volume shall be:

b. Readable in Adobe Portable Document Format (PDF) or Microsoft Word 2007.

c. Written in 12 point Times New Roman Font (smaller font is acceptable for charts and graphs, but the font must be legible.

d. Limited to 15 single-spaced pages. Any pages included that go beyond the 15 single-spaced page limit will not be read nor evaluated. The cover page, table of contents, glossaries, appendixes, etc.) do not count toward the page count.

In addition:

e. The technical volume may discuss estimated hours for various labor category positions, but the technical volume shall not discuss labor rates for each category.

mailto:joe.b.tallent@uscg.mil mailto:nate.dolezal@uscg.mil

Request for Quote (RFQ) # HSCG23-16-Q-QW2127 Issued 22 AUG 2016

The Price Volume (Vol. 2). In this volume, the offeror shall:

a. Provide complete pricing for the Self-Propelled Boat Trailer inclusive of all warranties using the Excel spreadsheet attached to this RFQ as Attachment B, “Pricing

Spreadsheet”, which contains the full Contract Line Item Number (CLIN) structure. Use of any other pricing spreadsheet risks immediate rejection of the quote by the Contracting

Officer.

b. Provide any pricing details (e.g., details on discounts, how pricing was established, etc.), if the offeror so chooses. The offeror may do so in a document readable in Adobe PDF or in Microsoft Word 2007 and written in 12 point Times New Roman font with no page limit and attached to this volume of the offeror’s quote.

In addition:

c. There is no page limit for the Excel spreadsheet or the Word document.

d. The pricing volume shall not contain any technical information (i.e., do not attempt to extend your technical volume content to the price volume).

e. The offeror is encouraged to provide discounted pricing to USCG as opposed to the offeror’s standard commercial pricing. A description of any discounts may be provided in the aforementioned Microsoft Word document regarding pricing details.

f. General discounts shall be included by the offeror in its Excel pricing sheet.

g. However, conditional discounts shall NOT be included in the Excel pricing sheet and will

NOT be part of the Total Evaluated Price (TEP). Such specific discounts may be described in the Word document of the price volume and will be considered only if in the

Government’s best interest.

13. Basis of Award. This award will be determined by lowest price technically acceptable (LPTA) utilizing the following evaluation factors:

a. Technical Capability,

b. Price.

14. Evaluation. The Government intends to award one firm-fixed-contract to the responsible offeror on a lowest-price technically-acceptable basis. The evaluation process considers the following:

(a) The Government will evaluate the Offeror’s response to Volume I to verify the response is technically acceptable.

(b) The Government will evaluate past performance by reviewing PPIRS and other similar databases for demonstration of the capability and capacity to successfully perform the requirements of the solicitation.

(c) The Government will evaluate Volume II to determine whether the rates are fair and reasonable and adhere to the request for quote instructions. Evaluation of pricing will be based on the Total

Evaluated Price (TEP). TEP is determined by the maximum quantity price of all CLINs, by combining the total price for the base period inclusive of four option periods. Attachment B –

Pricing Spreadsheet shall be used by all Offerors and will reflect the Total Evaluated Price when submitted by each Offeror.

Request for Quote (RFQ) # HSCG23-16-Q-QW2127 Issued 22 AUG 2016

(d) The Government intends to evaluate the quote and award a contract without discussions as per

FAR Clause 52.212-1(g), “Contract award”. Therefore, the initial offer shall contain the offeror’s best terms from a technical and price standpoint. However, the Government reserves the right to conduct discussions if determined necessary by the Contracting Officer. The Government may reject the offer if such action is in the public interest and waive informalities and minor irregularities in offers received.

(e) A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the

Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

-------------------------------------End of Section B--------------------------------------------

Request for Quote (RFQ) # HSCG23-16-Q-QW2127 Issued 22 AUG 2016

SECTION C – CONTRACT CLAUSES

Areas highlighted in yellow are those that may be of particular concern to the offeror, as there may be information that the offeror has to provide or a box that the offeror needs to check.

Areas highlighted in bold have been filled out by the Contracting Officer.

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 these addresses:

(1) FAR: http://acquistion.gov

(2) HSAM: http://farsite.hill.af.mil/vfhsara.htm

Citation of Clause Title Date of Clause

FAR 52.202-1 Definitions Nov 2013

FAR 52.203-5 Covenant Against Contingent

Fees

May 2014

FAR 52.203-6 Restrictions on Subcontractor

Sales to the Government

Sep 2006

FAR 52.203-6 Restrictions on Subcontractor

Sales to the Government – (ALT

I – Oct 1995)

Oct 1995

FAR 52.203-17 Contractor Employee

Whistleblower Rights and

Requirement To Inform

Employees of Whistleblower

Rights

Apr 2014

FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content

Paper

May 2011

FAR 52.204-19 Incorporation by Reference of

Representations and

Certifications

Dec 2014

FAR 52.211-5 Material Requirements Aug 2000

FAR 52.212-4 Contract Terms and Conditions --

Commercial Items

May 2015

FAR 52.213-2 Invoices Apr 1984

FAR 52.219-6 Notice of Total Small Business

Set-Aside

Nov 2011

FAR 52.219-6 Notice of Total Small Business

Set-Aside – (ALT I – Nov 2011)

Nov 2011

FAR 52.219-6 Notice of Total Small Business

Set-Aside – (ALT II – Nov 2011)

Nov 2011

FAR 52.219-8

Utilization of Small Business

Concerns

Oct 2014

FAR 52.222-50 Combating Trafficking in Persons Mar 2015

FAR 52.223-18

Encouraging Contractor Policies to Ban Text Messaging While

Driving

Aug 2011

FAR 52.225-13

Restriction on Certain Foreign

Purchases

Jun 2008 http://acquistion.gov/ http://farsite.hill.af.mil/vfhsara.htm

Request for Quote (RFQ) # HSCG23-16-Q-QW2127 Issued 22 AUG 2016

FAR 52.232-1 Payments Apr 1984

FAR 52.232-39 Unenforceability of Unauthorized

Obligations

Jun 2013

FAR 52.233-3 Protest After Award Aug 1996

FAR 52.233-4 Applicable Law For Breach Of

Contract Claim

Oct 2004

FAR 52.243-1 Changes – Fixed Price Aug 1987

FAR 52.243-1 Changes – Fixed Price (ALT I –

Apr 1984)

Aug 1987

FAR 52.244-6 Subcontracts for Commercial

Items

Jun 2016

FAR 52.247-34 F.o.b. Destination Nov 1991

FAR 52.249-2 Termination for Convenience of the Government

Apr 2012

HSAR 3052.217-95 Liability and Insurance Dec 2003

HSAR 3052.242-72 Contracting Officer’s Technical

Representative

Dec 2003

FAR CLAUSES IN FULL TEXT

FAR 52.209-1 – Qualification Requirements ( Feb 1995)

(a) Definition. “Qualification requirement,” as used in this clause, means a Government requirement for testing or other quality assurance demonstration that must be completed before award.

(b) One or more qualification requirements apply to the supplies or services covered by this contract. For those supplies or services requiring qualification, whether the covered product or service is an end item under this contract or simply a component of an end item, the product, manufacturer, or source must have demonstrated that it meets the standards prescribed for qualification before award of this contract. The product, manufacturer, or source must be qualified at the time of award whether or not the name of the product, manufacturer, or source is actually included on a qualified products list, qualified manufacturers list, or qualified bidders list. Offerors should contact the agency activity designated below to obtain all requirements that they or their products or services, or their subcontractors or their products or services, must satisfy to become qualified and to arrange for an opportunity to demonstrate their abilities to meet the standards specified for qualification.

(Name) _____________________________________

(Address) ___________________________________

(c) If an offeror, manufacturer, source, product or service covered by a qualification requirement has already met the standards specified, the relevant information noted below should be provided.

Offeror’s Name _______________________________

Manufacturer’s Name __________________________

Source’s Name _______________________________

Item Name __________________________________

Request for Quote (RFQ) # HSCG23-16-Q-QW2127 Issued 22 AUG 2016

Service Identification __________________________

Test Number ______________________________ (to the extent known)

(d) Even though a product or service subject to a qualification requirement is not itself an end item under this contract, the product, manufacturer, or source must nevertheless be qualified at the time of award of this contract. This is necessary whether the Contractor or a subcontractor will ultimately provide the product or service in question. If, after award, the Contracting Officer discovers that an applicable qualification requirement was not in fact met at the time of award, the Contracting Officer may either terminate this contract for default or allow performance to continue if adequate consideration is offered and the action is determined to be otherwise in the Government’s best interests.

(e) If an offeror, manufacturer, source, product or service has met the qualification requirement but is not yet on a qualified products list, qualified manufacturers list, or qualified bidders list, the offeror must submit evidence of qualification prior to award of this contract. Unless determined to be in the

Government’s interest, award of this contract shall not be delayed to permit an offeror to submit evidence of qualification.

(f) Any change in location or ownership of the plant where a previously qualified product or service was manufactured or performed requires reevaluation of the qualification. Similarly, any change in location or ownership of a previously qualified manufacturer or source requires reevaluation of the qualification. The reevaluation must be accomplished before the date of award.

(End of Clause)

FAR 52.211-8 – Time of Delivery (Jun 1997)

(a) The Government requires delivery to be made according to the following schedule:

REQUIRED DELIVERY SCHEDULE

[Contracting Officer insert specific details]

ITEM NO. QUANTITY WITHIN DAYS AFTER DATE

OF CONTRACT

Boat Trailer in accordance with Statement of Work

01 270 Days

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

OFFEROR’S PROPOSED DELIVERY SCHEDULE

ITEM NO. QUANTITY WITHIN DAYS AFTER DATE

OF CONTRACT

Request for Quote (RFQ) # HSCG23-16-Q-QW2127 Issued 22 AUG 2016

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor’s date of receipt of the contract or notice of award by adding

(1) five calendar days for delivery of the award through the ordinary mails, or

(2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term “working day” excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

(End of Clause)

Alternate I (Apr 1984). If the delivery schedule is expressed in terms of specific calendar dates or specific periods and is based on an assumed date of award, the contracting officer may substitute the following paragraph (b) for paragraph (b) of the basic clause. The time may be expressed by substituting “on or before”; “during the months _________”; or “not sooner than __________ or later than _________” as headings for the third column of paragraph (a) the basic clause.

(b) The delivery dates or specific periods above are based on the assumption that the Government will make award by ________ [Contracting Officer insert date]. Each delivery date in the delivery schedule above will be extended by the number of calendar days after the above date that the contract is in fact awarded. Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed or otherwise furnished to the successful offeror results in a binding contract. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting

Officer through the ordinary mails.

Alternate II (Apr 1984). If the delivery schedule is expressed in terms of specific calendar dates or specific periods and is based on an assumed date the contractor will receive notice of award, the contracting officer may substitute the following paragraph (b) for paragraph (b) of the basic clause. The time may be expressed by substituting “within days after the date of receipt of a written notice of award” as the heading for the third column of paragraph (a) of the basic clause.

(b) The delivery dates or specific periods above are based on the assumption that the successful offeror will receive notice of award by ________ [Contracting Officer insert date]. Each delivery date in the delivery schedule above will be extended by the number of calendar days after the above date that the Contractor receives notice of award; provided, that the Contractor promptly acknowledges receipt of notice of award.

Alternate III (Apr 1984). If the delivery schedule is to be based on the actual date the contractor receives a written notice of award, the contracting officer may delete paragraph (b) of the basic clause. The time may be expressed by substituting “within days after the date of receipt of a written notice of award” as the heading for the third column of paragraph (a) of the basic clause.

Request for Quote (RFQ) # HSCG23-16-Q-QW2127 Issued 22 AUG 2016

FAR 52.212-5 – Contract Terms and Conditions Required to Implement Statutes or Executive

Orders – Commercial Items (Mar 2016)

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

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(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:

[Contracting Officer check as appropriate.]

_X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with

Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_ X __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the

American Recovery and Reinvestment Act of 2009).

_ X __ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct

2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section

743 of Div. C).

__ X _ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

_ X __ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

__ X _ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15

U.S.C. 657a).

Request for Quote (RFQ) # HSCG23-16-Q-QW2127 Issued 22 AUG 2016

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

__X_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (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.

_ X __ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (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.

___ (iv) Alternate III (Oct 2015) of 52.219-9.

_ X __ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

_ X __ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov

2011) (15 U.S.C. 657f).

_ X __ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15

U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

Request for Quote (RFQ) # HSCG23-16-Q-QW2127 Issued 22 AUG 2016

___ (24) 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) (15

U.S.C. 637(m)).

_ X __ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O.

13126).

__ X _ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__ X _ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

__ X _ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

_ X __ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

__ X _ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

_ X __ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496).

_ X __ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

__ X _ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 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.)

___ (35) (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)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014)

(E.O.s 13423 and 13514

___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

Request for Quote (RFQ) # HSCG23-16-Q-QW2127 Issued 22 AUG 2016

___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct

2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

__ X _ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving

(Aug 2011) (E.O. 13513).

___ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41

U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-

138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (43) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ X _ (44) 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).

___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States

(Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year

2008; 10 U.S.C. 2302 Note).

___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov

2007) (42 U.S.C. 5150).

___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41

U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10

U.S.C. 2307(f)).

__X_ (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management

(Jul 2013) (31 U.S.C. 3332).

___ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award

Management (Jul 2013) (31 U.S.C. 3332).

___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

_ X __ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

Request for Quote (RFQ) # HSCG23-16-Q-QW2127 Issued 22 AUG 2016

___ (54) (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:

[Contracting Officer check as appropriate.]

_ __ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

____ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

_ __ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ _ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price

Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C.

chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price

Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 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).

___ (7) 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).

_ X __ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42

U.S.C. 1792).

___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 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

Request for Quote (RFQ) # HSCG23-16-Q-QW2127 Issued 22 AUG 2016 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) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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 $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.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

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

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

793).

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

(ix) 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.

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

(xi) __ X __ (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 E.O. 13627).

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(xii) 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.)

(xiii) 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)

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

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

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 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.

(xviii) 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 52.217-8 – 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 30 days.

Additionally, USCG will determine the “limits and rates” for this option to be the unit price of each applicable CLIN as stated in the CLIN structure of the task order awards for the most recently entered period of performance. For example, if the 52.217-8 clause was used to add 3 months of service beyond the base period, the “limits and rates” would be an extension of the base period’s pricing for 3 more months of service.

(End of Clause)

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 30 days; 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.

Request for Quote (RFQ) # HSCG23-16-Q-QW2127 Issued 22 AUG 2016

(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 1 year.

HSAR CLAUSES IN FULL TEXT

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

Request for Quote (RFQ) # HSCG23-16-Q-QW2127 Issued 22 AUG 2016 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…