Evidence Storage Items

Award Notice Posted

Solicitation number
ASF00023
Agency
Awarded
Set-aside
HUBZone

Opportunity facts

NAICS code
325412 Pharmaceutical Preparation Manufacturing
PSC
Not on record
Place of performance
Various - See description, United States

Notice details come from SAM.gov. Updated .

Notice text

2 versions

Update #2 · Latest ·

Added: Aug 19, 2009 12:17 pm Modified: Aug 25, 2009 6:14 pmTrack Changes

Amendment extends the offer submission date to 28 August 2009.  Contact Alice Hancock (214) 905-5458, email alice.hancock@dhs.gov, for any questions regarding this synopsis/solicitation.
This is a combined synopsis/solicitation prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. The solicitation number is ASF00023 and is a Request for Quotation (RFQ). The award will be issued using Simplified Acquisition Procedures in accordance with FAR Part 13. This acquisition is posted as a HUBZone Small Business set aside. Proposals will only be accepted from firms that are certified with the Small Business Administration as a HUBZone small business concern. The NAICS code for this requirement is 325412, Pharmaceutical Preparation Manufacturing. The size standard is 750 employees. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-36.
Items Required:
1. Delivery of the following items to the 17 delivery addresses listed below (prices shall include delivery):

a) 1700 each Handgun Boxes - for the safe storage and transportation of handguns while ensuring preservation of biological evidence.


b) 1700 each Knife Boxes - for the safe storage and transportation of knives while ensuring preservation of biological evidence.


c) 1700 Each Rifle Boxes - for the safe storage and transportation of long arms while ensuring preservation of biological evidence.


d) 17 each Evidence Packaging Kit - A boxed kit including a varied assortment of packaging materials for narcotics, biologicals, firearms, liquids, solids, documents, etc.


e) 17 each Kraft Bag Evidence Kit - A boxed kit collection of various sizes of breathable evidence bags and envelopes for collection, preservation, and storage of evidence containing biological materials, similar to Peavey item #10112.


f) 17 each Kraft Paper Roll, 24 - 36" wide - breathable paper roll for packaging large and odd shaped evidence containing biological evidence.


g) 17 each Field Biohazard Kit - containing products to protect personnel who come in contact with various bio hazards. Complies with Federal OSHA regulations. Similar to content of Peavey item #05550.


h) 17 each Evidence Drying Cabinet with lockable wheels for the drying and storage of forensic evidence. Peavey item #95108 or equal, salient characteristics: approximately 30-36" wide. Includes all filters, water package, air flow alarms and shelves.


i) 17 each Evidence Drying Cabinet Startup Kit - Contains items necessary to safely operate and maintain the forensic evidence drying cabinet above, such as: hangers, sponges, protective goggles, latex gloves, disinfectant spray, respirator, paper lining for collecting trace, tamper proof seals, set of pre-filters, biohazard safety labels for waste


2. Quantities per address:
Items a, b, and c above: 100 per address
Items d thru i above: 1 per address


3. Delivery Addresses/Phone Numbers:


10 Causeway Street, Room 722
Boston, MA 02222
Attn: Special Agent in Charge
(617) 565-7401

601 West 26th Street, Room 726
New York, NY 10001
Attn: Special Agent in Charge
(646) 230-3200


620 Frelinghuysen Avenue, 2nd Floor
Newark, NJ 07114
Attn: Special Agent in Charge
(973) 776-5526


477 Michigan Avenue, Suite 1850
Detroit, MI 48226
Attn: Special Agent in Charge
(313) 226-0500


40 South Gay Street, Room 322
Baltimore, MD 21202
Attn: Special Agent in Charge
(410) 962-2620


2675 Prosperity Avenue, Suite 400
Fairfax, VA 22031-4906
Attn: Special Agent in Charge
(703) 285-6700


1100 Centre Parkway
Atlanta, GA 30344
Attn: Special Agent in Charge
(404) 346-2300


11226 NW 20th Street
Miami, Florida 33172
Attn: Special Agent in Charge
(305) 597-6068


125 E. John Carpenter Freeway, Suite 800
Irving, TX 75062
Attn: Special Agent in Charge
(972) 444-7300


4141 N. Sam Houston Parkway E.
# 300 Houston, TX 77032
Attn: Special Agent in Charge
(281) 985-0500


4191 N. Mesa
El Paso, TX 79902
Attn: Special Agent in Charge
(915) 231-3200


40 N.E. Loop 410, Suite 501
San Antonio, TX 78216
Attn: Special Agent in Charge
(210) 321-2800


2901 Metro Drive, Suite 100
Bloomington, MN 55425
Attn: Special Agent in Charge
(952) 853-2940


2nd Avenue, Suite 2300
Seattle, WA 98104
Attn: Special Agent in Charge
(206) 553-7531


630 Sansome Street
San Francisco, CA 94111
Attn: Special Agent in Charge
(510) 267-3800


501 W. Ocean Boulevard, Suite 7200
Long Beach, CA 90802
Attn: Special Agent in Charge
(562) 624-3800


400 N. 5th Street, 11th Floor
Phoenix, Arizona 85004
Attn: Special Agent in Charge
(602) 514-7363


4. Clearly identify any prompt payment discounts and delivery terms.
5. Review, check appropriate box, and return a signed copy with your quote of the following DHS Provision: HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUN 2006).
6. Complete and return a completed copy of FAR 52.212-3 Offeror Representations and Certification Commercial Items with your quote (52.212-3 ). An Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an Offeror has not completed the annual representations and certifications electronically at the ORCA website, the Offeror shall complete paragraphs (c) through (n) of this provision. To complete the electronic version of the Online Representations and Certifications (ORCA): http://www.bpn.gov/ and click on the online Reps and Certs Application as a Vendor.
7. Provide detailed quote for all items delivered Freight On Board (FOB) destination along with completed provisions via email to Alice Hancock at alice.hancock@dhs.gov, phone: (214) 905-5458. Quotes must be received no later than 26 August 2009, 5:00 PM Central Standard Time. Contractors are responsible for verifying receipt of their quotes.
8. The Government intends to issue one award for this requirement. However, the Government reserves the right to issue more than one award for all or some of the items if it is in the best interest of the Government.
9. Award(s) will be made based upon the best value to the Government. The best value will be determined by price, delivery and quality of technically acceptable items. Quality will be determined by the Government's knowledge of and/or experience with the offered
10. Payment will be based on inspection and acceptance of the delivered product at destination.
11. Provisions and Clauses
NOTE: See 52.204-7, Central Contractor Registration (CCR). A prospective awardee shall be registered in CCR prior to award. Information on registration may be obtained at: http:///www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757. All vendors must complete the electronic version of the Online Representations and Certifications (ORCA) at: http://www.bpn.gov and clicking on the online Reps and Certs Application.
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 FAR and HSAR provisions and clauses may be accessed electronically at this address: http://farsite.hil.af.mil (End of clause).


The following FAR provisions and clauses apply to this combined synopsis/solicitation and are incorporated by reference-
52.212-1 Instructions to Offerors Commercial Items (JUN 2008)
52.212-3 Offeror Representations and Certification Commercial Items (AUG 2009).
52.212-4 Contract Terms and Conditions, Commercial Items (MAR 2009)
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders (AUG 2009)


The following additional clauses under FAR 52.212-5(b) are applicable:
52.219-3 Notice of Total HUBZone Set-Aside (Jan 1999)
52.219-28 Post Award Small Business Program Representation (Apr 2009)
52.222-3 Convict Labor (Jun 2003)
52.222-19 Child Labor-Cooperation with Authorities and Remedies (Aug 2009)
52.222-21 Prohibition of Segregated Facilities (Feb 1999)
52.222-26 Equal Opportunity (Mar 2007)
52.222-36 Affirmative Action for Workers with Disabilities (Jun 1998)
52.225-1 Buy American Act-Supplies (Feb 2009)
52.225-13 Restriction on Certain Foreign Purchases (Jun 2008)
52.232-33 Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003)


Addenda:


52.247-34 F.O.B. Destination (Nov 1991)
The following provision must be completed and returned with the quote:
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 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.


 



________________________________________________________________________
Offeror's Signature and Date
(End of provision)
HSAR 3052.247-72, F.O.B. DESTINATION ONLY (DEC 2003)
Offers are invited on the basis of f.o.b. destination only. Offers submitted on any other basis will be rejected as nonresponsive.
(End of provision)


Update #1 ·

Added: Aug 19, 2009 12:17 pm

Contact Alice Hancock (214) 905-5458, email alice.hancock@dhs.gov, for any questions regarding this synopsis/solicitation.
This is a combined synopsis/solicitation prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. The solicitation number is ASF00023 and is a Request for Quotation (RFQ). The award will be issued using Simplified Acquisition Procedures in accordance with FAR Part 13. This acquisition is posted as a HUBZone Small Business set aside. Proposals will only be accepted from firms that are certified with the Small Business Administration as a HUBZone small business concern. The NAICS code for this requirement is 325412, Pharmaceutical Preparation Manufacturing. The size standard is 750 employees. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-36.
Items Required:
1. Delivery of the following items to the 17 delivery addresses listed below (prices shall include delivery):

a) 1700 each Handgun Boxes - for the safe storage and transportation of handguns while ensuring preservation of biological evidence.


b) 1700 each Knife Boxes - for the safe storage and transportation of knives while ensuring preservation of biological evidence.


c) 1700 Each Rifle Boxes - for the safe storage and transportation of long arms while ensuring preservation of biological evidence.


d) 17 each Evidence Packaging Kit - A boxed kit including a varied assortment of packaging materials for narcotics, biologicals, firearms, liquids, solids, documents, etc.


e) 17 each Kraft Bag Evidence Kit - A boxed kit collection of various sizes of breathable evidence bags and envelopes for collection, preservation, and storage of evidence containing biological materials, similar to Peavey item #10112.


f) 17 each Kraft Paper Roll, 24 - 36" wide - breathable paper roll for packaging large and odd shaped evidence containing biological evidence.


g) 17 each Field Biohazard Kit - containing products to protect personnel who come in contact with various bio hazards. Complies with Federal OSHA regulations. Similar to content of Peavey item #05550.


h) 17 each Evidence Drying Cabinet with lockable wheels for the drying and storage of forensic evidence. Peavey item #95108 or equal, salient characteristics: approximately 30-36" wide. Includes all filters, water package, air flow alarms and shelves.


i) 17 each Evidence Drying Cabinet Startup Kit - Contains items necessary to safely operate and maintain the forensic evidence drying cabinet above, such as: hangers, sponges, protective goggles, latex gloves, disinfectant spray, respirator, paper lining for collecting trace, tamper proof seals, set of pre-filters, biohazard safety labels for waste


2. Quantities per address:
Items a, b, and c above: 100 per address
Items d thru i above: 1 per address


3. Delivery Addresses/Phone Numbers:


10 Causeway Street, Room 722
Boston, MA 02222
Attn: Special Agent in Charge
(617) 565-7401

601 West 26th Street, Room 726
New York, NY 10001
Attn: Special Agent in Charge
(646) 230-3200


620 Frelinghuysen Avenue, 2nd Floor
Newark, NJ 07114
Attn: Special Agent in Charge
(973) 776-5526


477 Michigan Avenue, Suite 1850
Detroit, MI 48226
Attn: Special Agent in Charge
(313) 226-0500


40 South Gay Street, Room 322
Baltimore, MD 21202
Attn: Special Agent in Charge
(410) 962-2620


2675 Prosperity Avenue, Suite 400
Fairfax, VA 22031-4906
Attn: Special Agent in Charge
(703) 285-6700


1100 Centre Parkway
Atlanta, GA 30344
Attn: Special Agent in Charge
(404) 346-2300


11226 NW 20th Street
Miami, Florida 33172
Attn: Special Agent in Charge
(305) 597-6068


125 E. John Carpenter Freeway, Suite 800
Irving, TX 75062
Attn: Special Agent in Charge
(972) 444-7300


4141 N. Sam Houston Parkway E.
# 300 Houston, TX 77032
Attn: Special Agent in Charge
(281) 985-0500


4191 N. Mesa
El Paso, TX 79902
Attn: Special Agent in Charge
(915) 231-3200


40 N.E. Loop 410, Suite 501
San Antonio, TX 78216
Attn: Special Agent in Charge
(210) 321-2800


2901 Metro Drive, Suite 100
Bloomington, MN 55425
Attn: Special Agent in Charge
(952) 853-2940


2nd Avenue, Suite 2300
Seattle, WA 98104
Attn: Special Agent in Charge
(206) 553-7531


630 Sansome Street
San Francisco, CA 94111
Attn: Special Agent in Charge
(510) 267-3800


501 W. Ocean Boulevard, Suite 7200
Long Beach, CA 90802
Attn: Special Agent in Charge
(562) 624-3800


400 N. 5th Street, 11th Floor
Phoenix, Arizona 85004
Attn: Special Agent in Charge
(602) 514-7363


4. Clearly identify any prompt payment discounts and delivery terms.
5. Review, check appropriate box, and return a signed copy with your quote of the following DHS Provision: HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUN 2006).
6. Complete and return a completed copy of FAR 52.212-3 Offeror Representations and Certification Commercial Items with your quote (52.212-3 ). An Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an Offeror has not completed the annual representations and certifications electronically at the ORCA website, the Offeror shall complete paragraphs (c) through (n) of this provision. To complete the electronic version of the Online Representations and Certifications (ORCA): http://www.bpn.gov/ and click on the online Reps and Certs Application as a Vendor.
7. Provide detailed quote for all items delivered Freight On Board (FOB) destination along with completed provisions via email to Alice Hancock at alice.hancock@dhs.gov, phone: (214) 905-5458. Quotes must be received no later than 26 August 2009, 5:00 PM Central Standard Time. Contractors are responsible for verifying receipt of their quotes.
8. The Government intends to issue one award for this requirement. However, the Government reserves the right to issue more than one award for all or some of the items if it is in the best interest of the Government.
9. Award(s) will be made based upon the best value to the Government. The best value will be determined by price, delivery and quality of technically acceptable items. Quality will be determined by the Government's knowledge of and/or experience with the offered
10. Payment will be based on inspection and acceptance of the delivered product at destination.
11. Provisions and Clauses
NOTE: See 52.204-7, Central Contractor Registration (CCR). A prospective awardee shall be registered in CCR prior to award. Information on registration may be obtained at: http:///www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757. All vendors must complete the electronic version of the Online Representations and Certifications (ORCA) at: http://www.bpn.gov and clicking on the online Reps and Certs Application.
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 FAR and HSAR provisions and clauses may be accessed electronically at this address: http://farsite.hil.af.mil (End of clause).


The following FAR provisions and clauses apply to this combined synopsis/solicitation and are incorporated by reference-
52.212-1 Instructions to Offerors Commercial Items (JUN 2008)
52.212-3 Offeror Representations and Certification Commercial Items (AUG 2009).
52.212-4 Contract Terms and Conditions, Commercial Items (MAR 2009)
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders (AUG 2009)


The following additional clauses under FAR 52.212-5(b) are applicable:
52.219-3 Notice of Total HUBZone Set-Aside (Jan 1999)
52.219-28 Post Award Small Business Program Representation (Apr 2009)
52.222-3 Convict Labor (Jun 2003)
52.222-19 Child Labor-Cooperation with Authorities and Remedies (Aug 2009)
52.222-21 Prohibition of Segregated Facilities (Feb 1999)
52.222-26 Equal Opportunity (Mar 2007)
52.222-36 Affirmative Action for Workers with Disabilities (Jun 1998)
52.225-1 Buy American Act-Supplies (Feb 2009)
52.225-13 Restriction on Certain Foreign Purchases (Jun 2008)
52.232-33 Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003)


Addenda:


52.247-34 F.O.B. Destination (Nov 1991)
The following provision must be completed and returned with the quote:
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 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.


 



________________________________________________________________________
Offeror's Signature and Date
(End of provision)
HSAR 3052.247-72, F.O.B. DESTINATION ONLY (DEC 2003)
Offers are invited on the basis of f.o.b. destination only. Offers submitted on any other basis will be rejected as nonresponsive.
(End of provision)


Notice history

Notice Type Posted
Evidence Storage Items Latest Award Notice
Evidence Storage Items Award Notice
This notice Original Award Notice

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