Amendment0002HSCG4709R3EFK03.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES

1 2

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4 REQUISITION/PURCHASE REQ NO. PROJECT NO. (If applicable) 0002 30 January 2009 N/A

6. ISSUED BY Code 7. ADMINISTERED BY (If other than item 6.) Code N/A Contracting Division USCG, Facilities Design & Construction Center (Atlantic) 5505 Robin Hood Road, Suite K Norfolk, VA 23513-2431

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) 9A. AMENDMENT OF SOLICITATION NO.

HSCG47-09-R-3EFK03

9B. DATED (SEE ITEM 11)

15 January 2009

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended is not extended . Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing items 8 and 15, and returning 1 copy of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (if required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14. ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATION CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103 (b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER: (specify type of modification and authority)

E. IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

INDEFINITE DELIVERY/INDEFINITE QUANTITY DESIGN/BUILD NATIONAL MULTIPLE AWARD

CONSTRUCTION CONTRACT (MACC)

The proposal due date remains Tuesday, February 17, 2009 at 2:00 PM.

(SEE CONTINUATION PAGE)

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

15B. CONTRACTOR/OFFEROR (Same as Item 8) 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

BY

(Signature of person authorized to sign) (Signature of Contracting Officer)

NSN 7540-01-152-8070 30-105 STANDARD FORM 30 (REV.1-83) 0224-3(10-90)

PREVIOUS EDITION UNUSABLE Prescribed by GSA

FAR (49 CFR) 53.243

Amendment 0001

HSCG47-09-R-3EFK03

The following changes are incorporated by this Amendment:

SECTION I, CONTRACT CLAUSES:

1. On Page 41 of 87, DELETE Clause 52.245-2 GOVERNMENT PROPERTY (FIXED-PRICE CONTRACTS) (MAY 2004) AND INSERT Clause 52.245-1 GOVERNMENT PROPERTY (JUN 2007).

2. On Page 53 of 87, DELETE paragraph I.8 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUN 2006) and INSERT the attached paragraph K.5 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUN 2006) in Section K, Representations, Certifications and Other Statements of Offerors.

SECTION M, EVALUATION FACTORS FOR AWARD:

1. On page 78 of 87, Change 3.2.4 Past Performance (TAB 1-E) to 3.2.4 Past Performance (TAB 1-D).

2. On Page 83 of 87, paragraph 5.2.5 Small Business Utilization, add the following at the end of the paragraph:

“The United States Coast Guard has established subcontracting goals of at least 40% of the subcontracted effort to small businesses. Of the total subcontracted effort, the targets are a minimum of 5% to Small Disadvantage Business (SDB) firms, 5% to Women-Owned Small Business (WOSB) firms, 3% to Historically Underutilized Business Zone Small Business (HUBZone) firms, 3% to Veteran Owned Small Business (VOSB) firms, and 3% to Service Disabled Veteran Owned Small Business (SDVOSB) firms. All firms will be evaluated against the above targets with more credit given to firms that exceed these targets.”

3. On page 84 of 87, Change 5.2.6 Demonstration of Participation in E-Verify (TAB 1-D) to 5.2.6 Demonstration of Participation in E-Verify (TAB 1-F).

NOTE

Failure to acknowledge amendments may be cause for rejection of your offer.

K.5 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 the acquisition described in subsection (b)(1) of Section 835 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 3009.104-70 through 3009.104- 73;

__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104- 73, but it has submitted a request for waiver pursuant to 3009.104-74, 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 3009.104-70 through 3009.104- 73, but it plans to submit a request for waiver pursuant to 3009.104-74.

(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.

http://farsite.hill.af.mil/reghtml/regs/other/hsar/3009.htm#P19_695 http://farsite.hill.af.mil/reghtml/regs/other/hsar/3009.htm#P32_3050 http://farsite.hill.af.mil/reghtml/regs/other/hsar/3009.htm#P32_3050 http://farsite.hill.af.mil/reghtml/regs/other/hsar/3009.htm#P19_695 http://farsite.hill.af.mil/reghtml/regs/other/hsar/3009.htm#P32_3050 http://farsite.hill.af.mil/reghtml/regs/other/hsar/3009.htm#P32_3050 http://farsite.hill.af.mil/reghtml/regs/other/hsar/3009.htm#P48_5212 http://farsite.hill.af.mil/reghtml/regs/other/hsar/3009.htm#P19_695 http://farsite.hill.af.mil/reghtml/regs/other/hsar/3009.htm#P32_3050 http://farsite.hill.af.mil/reghtml/regs/other/hsar/3009.htm#P32_3050 http://farsite.hill.af.mil/reghtml/regs/other/hsar/3009.htm#P48_5212

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT