SOLICITATION NOTICE
S -- Waste Pumping Services
- Notice Date
- 11/18/2004
- Notice Type
- Solicitation Notice
- NAICS
- 562998
— All Other Miscellaneous Waste Management Services
- Contracting Office
- DHS - Direct Reports, United States Coast Guard (USCG), Commanding Officer, USCG Civil Engineering Unit Honolulu, 300 Ala Moana Boulevard Room 8-134, Honolulu, HI, 96850-4892
- ZIP Code
- 96850-4892
- Solicitation Number
- HSCG86-05-Q-4SH020
- Response Due
- 12/16/2004
- Archive Date
- 12/31/2004
- Small Business Set-Aside
- Total Small Business
- Description
- This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2001-25. This is a total small business set-aside in accordance with NAICS code 562998 and a small business size standard of $6M. The U. S. Coast Guard requires waste pumping services for two office trailers at USCG Integrated Support Command Honolulu, Sand Island, Honolulu, Hawaii. The two trailers include one double wide trailer with one 250 gallon holding tank and one triple-wide triler with two 350 gallon holding tanks. The contractor shall pump each tank three times a week for the period of January 1, 2005 through December 30, 2005. Any spillage shall be reported to the Contracting Officer and shall be cleaned up by the contractor at no additional cost to the Government in accordance with any and all environmental regulations. The closing date and time for receipt of offers is December 16, 2004 at 2:00 p.m. HST. Facisimile and e-mail quotes are acceptable and may be faxed to 808-541-2203 ir emailed to bhoe@d14.uscg.mil. The Government may unilaterally at its option renew the contract for two additional years at the same rate as the base year. The provisions at 52.212-1, Instructions to Offerors - Commercial apply to this acquisition. Offerors are to include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications - Commerical Items with its offer. The clause at 52.212-4, Contract Terms and Conditions - Commerical Items, applies to this acquisition. The clause 52.212-5, Contract Terms and Condition rEquired to Implement Statutes or Executive Order - Commerical Items, applies to this acquisition and the following additional FAR clauses apply: FAR 52.222-26 Equal Opportunity (E.O. 11246) FAR 52.222-35 Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era (38 U.S.C. 4212). FAR 52.222-36 Affirmative Action for Workers with Disabilities (29 U.S.C. 793). FAR 52.222-37 Employment Reports on Disabled Veterans and Veterans of the Vietnam Era (38 U.S.C. 4212). FAR 52.232-33 Payment by Electronic Funds Transfer- Central Contractor Registration (31 U.S.C. 3332). FAR 52.252-2 Clauses Incorporated by Reference (Jun 1998), the full text of the clause may be accessed electronically at Internet address http://www.arnet.gov/far. A Data Universal Numbering System (DUNS) Number is the primary identifier in Central Contractor Registration (CCR). Contractors are located and identified in CCR by their DUNS number. To facilitate payment via Electronic Funds Transfer contractors should be registered in the CCR. HSAR 3052-70, PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES [DEC 2003] (a) Prohibitions. Section 835 of Public Law 107-296, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity after November 25, 2002, which is treated as an inverted domestic corporation as defined in this clause. 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 homeland security, or to prevent the loss of any jobs in the United States or prevent the Government from incurring any additional costs that otherwise would not occur. (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, Public Law 107-296, 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 after November 25, 2002, 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, Public Law 107-296. (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 after the date of enactment of this Act and 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 Public Law 107-296 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. By signing and submitting its offer, an offeror under this solicitation represents that it not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of Section 835 of the Homeland Security Act, Public Law 107- 296 of November 25, 2002. (g) If a waiver has been granted, a copy of the approved waiver shall be attached to the bid or proposal.
- Place of Performance
- Address: USCG Integrated Support Command, Sand Island Road, Honolulu, Hawaii
- Record
- SN00709862-W 20041120/041118211528 (fbodaily.com)
- Source
-
FedBizOpps.gov Link to This Notice
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