Inactive Total Small Business Set-Aside (FAR 19.5)

FAC 2020-04 EFFECTIVE 15 JANUARY 2020 Date: 03/03/2020 Year: 2020 Contracting Office Zip Code: 27909-5001 Classification Code: 16 - Aircraft Components & Accessories Contracting Office Address: USCG, ... FAC 2020-04 EFFECTIVE 15 JANUARY 2020 Date: 03/03/2020 Year: 2020 Contracting Office Zip Code: 27909-5001 Classification Code: 16 - Aircraft Components & Accessories Contracting Office Address: USCG, ALC, MRS, Elizabeth City, NC 27909-5001 Subject: Aircraft Parts and Accessories Proposed Solicitation Number: 70Z03820QL0000104 Closing Response Date: 03/13/2020 Primary Point of Contact: Denise Coley, Secondary Point of Contact: Terence L. Blucker Contract Award and Solicitation Number: To be assigned at time of award 70Z03820QL0000104 Contract Line Item Number(s): 7 Description: Aircraft Parts and Accessories Set-aside Status: TOTAL SBSA This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This Request for Quote (RFQ) 70Z03820QL0000104 incorporates provisions and clauses in effect through Federal Acquisition Circular JAN 2020. The applicable North American Industry Classification Standard (NAICS) Code is 336413. The small business size standard is 1,250 employees. This requirement consists of the following spare parts utilized on the HC144 USCG aircraft. All or none. 1. NSN: 4920-01-HS3-4112, NDI CALIBRATION BLK, P/N 235505-.197, QTY 5 EA 2. NSN: 4920-01-HS3-4109, NDI CALIBRATION BLK, P/N 235502, QTY 5 EA 3. NSN: 4920-01-HS3-4107, NDI CALIBRATION BLK, P/N 235508, QTY 5 EA 4. NSN: 4920-01-HS3-4113, NDI CALIBRATION BLK, P/N 235505-.236, QTY 5 EA 5. NSN: 4920-01-HS3-4113, NDI CALIBRATION BLK, P/N 235507, QTY 5 EA 6. NSN: 4920-01-HS3-4110, NDI CALIBRATION BLK, P/N 235503, QTY 5 EA 7. NSN: 4920-01-HS3-4111, NDI CALIBRATION BLK, P/N 235505-.157, QTY 5 EA MANUFACTURER CODE: 1FYY4 NO EQUAL. VENDORS MUST HAVE THE FOLLOWING INFORMATION! EXACT PART NUMBER ONLY!!! NO ALTERNATES!!! NO VARIATION ON QUANTITY! MUST STATE FOB ORIGIN OR DESTINATION!!! IF FOB ORIGIN YOU MUST STATE ESTIMATED SHIPPING AND HANDLING FOR PREPAY AND ADD. MUST STATE FACTORY NEW AND TRACEABLE TO THE OEM. Offerors should include the following: 1. NSN 2. Part number 3. Nomenclature 4. Unit Price 5. Extended Price 6. Discounts (prices shall include quantity discounts, if applicable) 7. Delivery Time 8. Warranty (if applicable) 9. FOB Point 10. Cage Code 11. Business Size 12. Minority Classification (if applicable) The United States Coast Guard (USCG) anticipates award of a Firm-Fixed Price Purchase Order to the Original Equipment Manufacturer (OEM), or a distributor that can provide documented traceability for the components. The United States Coast Guard (USCG) anticipates award of a Firm-Fixed Price Purchase Order to the Original Equipment Manufacturer (OEM), or a distributor that can provide documented traceability for the components. Award will be made to the offeror quoting the lowest price technically acceptable to the USCG. All responsible sources may submit a quote which shall be considered by the USCG. Only new items are acceptable. Reconditioned or used items are not acceptable. Offerors must be able to provide necessary certification including traceability to the OEM and provide a Certificate of Conformance (COC) to ensure parts are in airworthy condition, suitable for installation on USCG aircraft. Prospective vendors who are not the OEM must provide traceability for the materials. Traceability means a clear, complete, documented, auditable paper trail which traces each step from an OEM or distributor to its current location. Required delivery schedule is 90 DAYS or less after receipt of order. The offerors shall propose a delivery schedule. All requests for time extension shall be in writing and shall include substantiation of the need for such time extension in accordance with FAR 52.212-4 (f), Excusable delays. If nonperformance is not covered by an excusable delay, the Contractor and the Contracting Officer shall negotiate consideration for the approval of the extended delivery date at which time a modification will be issued to reflect the consideration and extension. Drawings or specifications are not available and cannot be furnished by the Government. F.O.B. Destination is requested as the FOB point for Deliverables. Quotes submitted offering F.O.B. Origin should include estimated shipping charges to the USCG. Partial and early deliveries are acceptable if at no additional cost to the USCG. The offeror shall furnish a Certificate of Conformance (COC) in accordance with FAR clause 52.246-15. Certificate of Conformance must be submitted in the format specified in the clause. Packaging, Marking and Preservation The offeror shall comply with ASTM D3951-10 (August 01, 2011), Standard Practice for Commercial Packaging. Packaging, packing, and preservation shall be in accordance with best commercial practices to enable shipment to destination and transshipment to USCG units without repackaging or incurring damage during shipment and handling. Items shall be individually packaged and labeled. Packaging material shall not consist of the following: popcorn, shredded paper, Styrofoam of any type, or peanut packaging. The internal packaging material shall be sufficient to prevent damage during shipment, handling, and storage. Preservation protection must be sufficient to prevent corrosion, deterioration, or decay during warehouse storage. Also, The Forms should be "attached to or included with the part and a copy placed on the outside of the shipping container". Packing Slip At the time of delivery of supplies, the offeror shall furnish the Government a completed packing slip. Labeling shall include the National Stock Number, Part Number, Serial Number, Nomenclature, Quantity, Contract Line Item Number, and Contract Number. Labeling data shall be attached to the outside of the shipping container. Bar coding is not required. Certificate of Conformance (COC) shall be placed on the outside of individual containers. Shipping Instructions Items shall be shipped to the following address: USCG Aviation Logistics Center Receiving Section, Bldg. 63 Elizabeth City, NC 27909-5001 Mark For: Purchase Order No. ____________________________ (To be assigned at time of award) The following Federal Acquisition Regulation (FAR) and Homeland Security Acquisition Regulation (HSAR) provisions and clauses are incorporated by reference: 52.212-1 Instructions to Offerors - Commercial Items (OCT 2018) Consistent with FAR Provision 52.212-1: (c) Period for acceptance of offers. Prices must remain effective for 90 days after closing of solicitation. (h) Multiple awards. The Government reserves the right to make more than one award (multiple awards) for different line items, if, after considering the additional administrative cost to the Government of awarding and administering separate contracts, it is determined that the multiple awards will result in the lowest overall cost to the Government. For purposes of evaluating the cost of making multiple awards, it is assumed that the administrative cost of awarding and administering a contract is $500. 52.212-2 Evaluation-Commercial Items (OCT 2014) Quotes will be evaluated and contract awarded to the lowest priced technically acceptable quote. Technically Acceptable: Quotes must be for new manufactured commercial items from sources able to provide a Certificate of Conformance (COC) or traceability to the aircraft OEM. Only exact part numbers and no substitutes will be acceptable. Only the lowest priced offer will be evaluated for Technical Acceptability. Should the lowest priced offer not receive an acceptable technical or past performance rating, the process will continue in order of lowest priced offer until the lowest priced, technically acceptable offer with acceptable or neutral past performance is identified. 52.212-3 Offeror Representations and Certification – Commercial Items (DEC 2019) An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via http://www.acquisition.gov . If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provision. 52.212-4 Commercial Terms and Conditions – Commercial Items (OCT 2018) with the following included by Addendum: (a) Inspection/Acceptance. Inspection and acceptance of items under this contract shall be performed at destination by USCG, Aviation Logistics Center (ALC) Receiving section personnel and consist of count and condition only. Certificate of Conformance (COC) shall be required for all items provided on this contract. (g) Invoice. The original contractor invoice shall be submitted to the designated billing office address stated below or emailed to the email address below. Submitting invoices for payment electronically is the preferred method. ALC-Fiscal@uscg.mil USCG, Aviation Logistics Center Fiscal Branch, Bldg. 63 Elizabeth City, NC 27909-5001 Mark For: Purchase Order No. ____________________________ (To be assigned at time of award) As prescribed in 12.301(b)(4), insert the following clause: 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items. CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2020). (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorpo¬rated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commer¬cial items: (1) 52.203-19, Prohibition on Requiring Certain Inter¬nal Confidentiality Agreements or Statements (JAN 2017) As prescribed in 12.301(b)(4), insert the following clause: (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropria¬tions acts (and as extended in continuing resolutions)). (2) 52.204-23, Prohibition on Contracting for Hard¬ware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Sec¬tion 1634 of Pub. L. 115-91). (3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232). (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV (5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).2004) (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisi¬tions of commercial items: [Contracting Officer check as appropriate.] 0___ (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). 0___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). 0___ (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). 0____ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note). 0____ (5) [Reserved] 0____ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). 0____ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). 0____ (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). 0____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313). 0____ (10) [Reserved] 0____ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). 0____ (ii) Alternate I (Nov 2011) of 52.219-3. 0____ (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). 0____ (ii) Alternate I (Jan 2011) of 52.219-4. 0____ (13) [Reserved] 1__X__ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644). 0____ (ii) Alternate I (Nov 2011). 0____ (iii) Alternate II (Nov 2011). 0____ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). 0____ (ii) Alternate I (Oct 1995) of 52.219-7. 0____ (iii) Alternate II (Mar 2004) of 52.219-7. 0____ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)). 0____ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 (d)(4)). 0____ (ii) Alternate I (Nov 2016) of 52.219-9. 0____ (iii) Alternate II (Nov 2016) of 52.219-9. 0____ (iv) Alternate III (Nov 2016) of 52.219-9. 0____ (v) Alternate IV (Aug 2018) of 52.219-9. 1_X___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). 0__ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)). 0__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). 0__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). 1_X_ (22) 52.219-28, Post Award Small Business Program Re-representation (Jul 2013) (15 U.S.C. 632(a)(2)). 0__ (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)). ___ (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)). 1_X_ (25) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755). 1_X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126). 1_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). 1_X_ (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). 0__ (ii) Alternate I (Feb 1999) of 52.222-26. 0__ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). 0__ (ii) Alternate I (July 2014) of 52.222-35. 1X__ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). 0__ (ii) Alternate I (July 2014) of 52.222-36. 0__ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). 0__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). 1_X_ (33) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627). 0__ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627). 0__ (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.) 0__ (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.) 0__ (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.) 0__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693). 0__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693). 0__ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 0__ (ii) Alternate I (Oct 2015) of 52.223-13. ___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514). 0__ (ii) Alternate I (Jun 2014) of 52.223-14. 0__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 825b). 0__ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514). 0__ (ii) Alternate I (Jun 2014) of 52.223-16. 1X__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). 0__ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). 0__ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696). 0__ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). 0__ (ii) Alternate I (Jan 2017) of 52.224-3. 0__ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). 1_X_ (47) (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). 0__ (ii) Alternate I (May 2014) of 52.225-3. 0__ (iii) Alternate II (May 2014) of 52.225-3. 0__ (iv) Alternate III (May 2014) of 52.225-3. 0__ (48) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). 1_X_ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). 0__ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). 0__ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). 0__ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). 0__ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)). 0__ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). 1_X_ (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332). 0__ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). 0__ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). 0__ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). 0__ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)). 0__ (60) (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). (End of Clause) Full Text Homeland Security Acquisition Regulation (HSAR) provisions and clauses: 3052.209-70 Prohibition on contracts with corporate expatriates (JUN 2006) a) Prohibitions. Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security. (b) Definitions. As used in this clause: Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for `at least 80 percent' each place it appears. Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986. Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)— (1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership; (2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held— (i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or (ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and (3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively. (c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation. (1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership: (i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or (ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1). (2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan. (3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section. (d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership. (e) Treatment of Certain Rights. (1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows: (i) warrants; (ii) options; (iii) contracts to acquire stock; (iv) convertible debt instruments; and (v) others similar interests. (2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835. (f) Disclosure. The offeror under this solicitation represents that [Check one]: __ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003; __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004. (g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal. (h) 3052.209-79 Representation by Corporations Regarding a Felony Criminal Violation under any Federal or State Law or Unpaid Federal Tax Liability. As prescribed in DHS FAR Class Deviation Number 14-02, insert the following provision: REPRESENTATION BY CORPORATIONS REGARDING A FELONY CRIMINAL VIOLATION UNDER ANY FEDERAL OR STATE LAW OR UNPAID FEDERAL TAX LIABILITY (FEB 2014) (DHS FAR CLASS DEVIATION 14-02) (a) In accordance with sections 561 and 562 of Division F, Title V of the Consolidated Appropriations Act, 2014 (Pub. L. 113-76), none of the funds made available by that Act may be used to enter into a contract with any corporation that: (1) Was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation, or such officer or agency, and made a determination that this further action is not necessary to protect the interests of the Government. (2) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (b) The Offeror represents that: (1) It is [ ] is not [ ] a corporation that was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months. (2) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (c) If the offeror represents in (b) above that it is a corporation that was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months, or that it is a corporation that has unpaid Federal tax liability that has been assessed, the offeror shall provide all information related to the felony or tax liability within 3 business days of the Government’s request. (End of provision) 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address https://www.acquisition.gov/far. 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address https://www.acquisition.gov/far. 52.204-7 System for Award Management (OCT 2018) 52.204-8 Annual Representations and Certifications (DEC 2014) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-16 Commercial and Government Entity Code Reporting 52.232-40 Providing Accelerated Payment to Small Business Subcontractors (DEC 2013) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.242-13 Bankruptcy (JUL 1995) 52.246-15 Certificate of Conformance (APR 1984) 52.247-34 F.O.B. Destination (NOV 1991) 52.233-3 Protest after Award (AUG 1996) Full text clauses: Full Text Homeland Security Acquisition Regulation (HSAR) provisions and clauses: 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...