PRESOL | X | DHS OPLA Multi Location/Date - ICE Multi-Conference Proposal Form

FBO DAILY ISSUE OF FEBRUARY 28, 2009 FBO #2651
SOLICITATION NOTICE

X -- DHS OPLA Multi Location/Date - ICE Multi-Conference Proposal Form

Notice Date: 2/26/2009
Notice Type: Combined Synopsis/Solicitation
NAICS: 721110 — Hotels (except Casino Hotels) and Motels
Contracting Office: Department of Homeland Security, Immigration & Customs Enforcement, ICE-OAQ-MD, 7701 N. Stemmons, Dallas, Texas, 75247, United States
ZIP Code: 75247
Solicitation Number: 192109CCO21000082
Archive Date: 3/27/2009
Point of Contact: Eva L. Fulton,, Phone: 2149055392
E-Mail Address: eva.fulton@dhs.gov
Small Business Set-Aside: N/A
Description: ICE Multi-Conference Proposal Form Department of Homeland Security Immigration & Customs Enforcement Office of Acquisitions - Investigations & Mission Support Dallas Combined Synopsis/Solicitation This is a combined synopsis/solicitation for a Firm Fixed Price contract for Hotel Accommodations and Conference Space, located in the following geographic areas: 1. Chicago 2. Denver 3. Washington, DC facilities must be within 10 miles of each Hub/Regional Major Airport. IAW FAR 5.101, this action is electronically submitted to potential offers which meet the criteria below as noted through CCR and FEMA approved registered offerors. This action will be posted for 15 days. For your proposal to be considered, it must be received in this office by 12:00 pm CST (Dallas) on March 12, 2009. Request for Proposal 192109CCO21O21000082 is in accordance with FAR Subpart 12.6-Streamlined Procedures for Evaluation and Solicitation for Commercial Items. The Government intends to award a Firm Fixed Priced contract under Contracting by Negotiations, FAR Part 15 Procedures. This is not a solicitation for Event Planning Services or 3rd Party Event Planning Services. ICE will not consider a proposal submitted by an offeror that is not a hotel. This is NOT a solicitation for Event Planning Services. An offer which requires the Government to execute a separate agreement with a third party hotel shall be deemed technically unacceptable. FAC 2005-27, Effective October 17, 2008. NAICS Code 721110 and the small business size standard is $7 million, respectively. This posting announcement/solicitation on www.FedBizOpps.gov being solicited as unrestricted, and constitutes the only request for proposal that will be issued. The Period of Performance for this requirement is from 14 April 2009 through September 17, 2009 in its entirety. However, individual conference periods of performance and locations are indicated with the following: 1. Chicago, IL 21 - 24 April 2009 2. Chicago, IL 5 - 7 May 2009 3. Denver, CO 9 - 11 June 2009 4. Denver, CO 14 - 17 July 2009 5. Chicago, IL 28 - 31 July 2009 6. Chicago, IL 11 - 13 August 2009 7. Washington, DC 15 - 17 September 2009 Specific information regarding the equipment and/or food requirements along number of attendees will be provided in an attachment for which to base proposals. (See Attachment A - Excel Proposal Sheet). The hotel shall accommodate the aforementioned sleeping room capacities (peak nights based on the timeframe) and shall provide all requirements specified for conference needs noted below in the Performance Work Statement Section. Lodging rates MUST be within the Government Per Diem rate or lower for the area. A response to requirements listed shall be submitted on letterhead and must address all requirements listed in a separate technical proposal. Proposals that do not meet the above criteria will not be considered along with the attached Combined Proposal Spreadsheet (Excel Workbook). NOTE: For the Excel Workbook, please complete the required information on the "Intro" tab (worksheet) as the Introl has information linked to other worksheets within the workbook ie. Offeror's Firm Name. It should only be necessary to complete the "Cost" Column along with any applicable Service Fee %, Tax Rates, Etc. These are "0" (zeroed) out and must be changed accordingly. It is not necessary to submit a proposal for all conferences in order to be considered for evaluation. A completed Hotel Contract with non-commissionable meeting rates shall also be submitted with your proposal, along with descriptive literature to include sleeping rooms, meeting room space, diagrams and square footage, information (availability/cost) on amenities of hotel i.e., parking, shuttle services; transportation to/from airport, and menus. To be eligible for award under this solicitation, the hotel facility MUST be listed with current status on the Central Contractor Registration (CCR) website (www.ccr.gov) and be FEMA approved and listed on the U.S. Fire Administration Hotel and Motel National Master List found at (http://www.usfa.dhs.gov/applications/hotel/index.cfm ). The offeror's representations and certifications must be updated and complete in the Online Representations and Certifications Applications website at https://orca.bpn.gov/. In addition, the offerors facility must be compliant with the requirements of the Americans with Disabilities Act (Public Law 101-336) (42 U.S.C. 12101 et. Seq.). Performance Work Statement OPLA Bi-Annual Mission Support Conference 1.0 General 1.1 Scope: The US Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE), desires to hold seven (7) conferences in a facility that can accommodate the requirements outlined in Section 2 below. Conference dates individually are as follows: 1.1.1 Chicago, IL 21 - 24 April 2009 1.1.2 Chicago, IL 5 - 7 May 2009 1.1.3 Denver, CO 9 - 11 June 2009 1.1.4 Denver, CO 14 - 17 July 2009 1.1.5 Chicago, IL 28 - 31 July 2009 1.1.6 Chicago, IL 11 - 13 August 2009 1.1.7 Washington, DC 15 - 17 September 2009 2.0 General Requirements for all locations: 2.1 Location: Conference facility must be located within 10 miles of the major "hub" airport for that particular location. 2.2 On-site restaurant(s) or one/any within 2-3 blocks of hotel. 2.3 Public transportation or hourly shuttle service to local attractions, eating establishments or entertainment. 2.4 On-site fitness center. 2.5 In-room or in-house Laptop safes. 2.6 High Speed Wireless Access. 2.7 Premium Audio Visual Service to include: Audio System/Mixer, DVD Player, Lavaliere Microphones, Cordless Microphones with stands, Podium w/microphone, LCD Package projector, and on-site AV Technician 2.8 Date and time: See specific location information for additional information 2.9 The conference facility will be used from 7:00a.m. on the first day and extend through 6:00 p.m. on the last day of each conference. 2.10 Number of participants: varies per conference - see attached Excel Proposal Workbook for the specific location information. This encompasses the number of attendees as well as overnight guests as specified per conference on each worksheet. 2.11 Number and size of conference rooms: Varies per location requirements 2.12 Equipment: The following equipment is required in the main Meeting Room GENGERAL TYPE OF EQUIPMENT NEEDED (quantity/type specifics are outlined for each conference location: Podium with Microphone Panel Speakers Table (elevated) DVD & Audio System/Mixer Lavaliere Microphones Cordless Microphones with stands (3) LCD Package (includes screen, cart, cabling and projector) AV Technician Services (8 hours per day-most locations) 2.13 Food and refreshments vary for each conference. See attachment for location specific requirements. In general though the following would apply for those conferences where food is requested: 2.13.1 For each day of the conference, light refreshments are required as follows: 2.13.1.1 7:00 am Conference start time - (coffee, tea, juice, water, bagels, pastries, yogurt, fruit or similar light items) 2.13.1.2 1:00 pm Mid-afternoon break - (Coffee, sodas, cookies, brownies, fruit or similar light items) 3 Allocation of costs: 3.0 Overnight rooms will be individually booked by the conference participants desiring overnight stay. All costs for those rooms shall be allocated to the individual booking the room. 3.1 All remaining costs for conference rooms, any food requirements and equipment shall be captured under this Order. Potential offerors must utilize the attached worksheet to submit proposals (See Attachment - Excel Worksheet). The Government intends to make a single award but reserves the right to make multiple awards when it is in its best interest to do so. Award will be made to the offeror determined to be the Best Value to the Government in accordance with FAR 52.212-2 evaluation factors. Evaluation may be made with or without discussions with the offeror(s). The technical proposals will be evaluated for location or distance from the airport, quality of services and accommodations, location, and experience. ICE reserves the right to conduct an on-site inspection of offered facilities. Prices will be evaluated in terms of cost for accommodations and services as relates to quality, Cancellation fees, Attrition costs, and refreshments. All responsible sources that can meet the requirements and provide items as listed above may respond to this solicitation by submitting cost and technical proposals, hotel contract and descriptive literature. The Government may utilize FAR 15.306(a). IAW FAR 15.306(c), the Government reserves the right to establish a competitive range depending upon the number of proposals submitted to the Government. Such a competitive range shall constitute the top ten (10) highly rated proposals after a review of all submitted proposals against all evaluation criteria contained herein. Furthermore, the Government reserves the right to make exchanges with offerors after establishment of the competitive range IAW FAR 15.306(d). Invoicing: This information will be annotated on the issued award document. 4. Award Determination Factors: FAR 52.212-2 Evaluation - Commercial Items (Jan 1999) a. The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: i. Price - i.e. (Cost of accommodations, services, Cancellation Fee, and Attrition Rate). ii. Technical capabilities or Non-Cost related factors - 1. Distance from airport and restaurants as a means of reducing transportation costs, traveler risk, travel time, etc. 2. Quality of services and accommodations 3. "Green" impact such as use of recycled products, energy efficiency, carbon footprint, etc. IAW E.O. 13423 Strengthening Federal Environmental, Energy, and Transportation Management 1/24/07 4. Compliance with solicitation requirements 5. Technical Excellence 6. Physical Security 7. FEMA Certified Hotel iii. Past Performance - capabilities of performing a contract with a conference of this size and nature. Technical and past performance, when combined is approximately equal to, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price. With specific regards towards location and quality of services, the Government also reserves the right to physically visit proposed hotel locations to determine the following: 1) Distance from airport as a means of reducing travel time and carbon footprint, distance between proposed hotel and any eating facilities; 2) Size and quality of services and accommodations will factor in the following: capacity to conduct this size of an event, resources available as noted above in the SOW, and other factors such as neighboring areas and hotel atmosphere. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) 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. 5. Items Not to be Included with Any Commercial Contracts Proposed by Offerors: a. Advance Payments: Under no circumstances will any advance payments be made or demanded for any services or goods (including food/beverages) not yet rendered. b. Credit Application: The Federal Government is not in a position to complete a credit application and thus will not complete such. c. Insurance: The Federal Government is Self-Insured and thus no provisions or proof of insurance shall apply. d. Indemnification Clause: ICE will not agree to any Indemnification Clause as a part of an offer's Proposal for services. This announcement incorporates FAR provisions and clauses in effect through FAR: CLAUSES INCORPORATED BY REFERENCE (Feb 98) FAR 52.252-2 This contract incorporates one or more clauses by reference with the same force and effect as if they were given in their 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 address; http://www.arnet.gov/far. 52.212-1 Instructions to Offerors of Commercial Items 52.212-3 Offeror Representations and Certification-Commercial Items (ORCA) 52.212-4 Contract Terms and Conditions-Commercial Item (Feb 2007) 52.212-5 Contract Terms and Conditions Required to Implement Statues or Executive Orders --Commercial Items (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) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (2) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78) (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: __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). _X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). __ (3) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a). __ (4) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JULY 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (5) [Reserved] __ (6)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-6. __ (iii) Alternate II (Mar 2004) of 52.219-6. __ (7)(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. __ (8) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)). __ (9)(i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (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. __ (10) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)). __ (11) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (12)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). __ (ii) Alternate I (June 2003) of 52.219-23. __ (13) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (14) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (15) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f). __ (16) 52.219-28, Post Award Small Business Program Rerepresentation (June 2007) (15 U.S.C. 632(a)(2)). _X_ (17) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _X_ (18) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126). _X_ (19) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X_ (20) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). _X_ (21) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). X__ (22) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793). _X_ (23) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). _X_ (24) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). _X_ (25)(i) 52.222-50, Combating Trafficking in Persons (Aug 2007) (Applies to all contracts). __ (ii) Alternate I (Aug 2007) of 52.222-50. __ (26)(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)). __ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). __ (27) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (28)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423). __ (ii) Alternate I (DEC 2007) of 52.223-16. __ (29) 52.225-1, Buy American Act-Supplies (June 2003) (41 U.S.C. 10a-10d). __ (30)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (Aug 2007) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L 108-77, 108-78, 108-286, 109-53 and 109-169). __ (ii) Alternate I (Jan 2004) of 52.225-3. __ (iii) Alternate II (Jan 2004) of 52.225-3. __ (31) 52.225-5, Trade Agreements (NOV 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X_ (32) 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). __ (33) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (34) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (35) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). __ (36) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _X_ (37) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). __ (38) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). __ (39) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332). __ (40) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (41)(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: __ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). __ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (Nov 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Feb 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). __ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). __ (7) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 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 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 paragraphs (e)(1)(i) through (xi) of this paragraph 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 (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (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 $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (iv) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). (v) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (vi) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). (vii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (viii) 52.222-50, Combating Trafficking in Persons (Aug 2007) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50. (ix) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (x) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (xi) 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. (End of clause) 3052.209-70 Prohibition on contracts with corporate expatriates. 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. (End of provision) All inquiries are due No Later Than 23 February 2009 4:00 pm CST (Dallas) submitted via email to Eva Fulton, Contract Specialist, eva.fulton@dhs.gov only. Proposals shall be submitted via email to Eva Fulton, Contract Specialist, eva.fulton@dhs.gov or via fax at (214) 905-5568 No Later Than - 12:00 pm CST (Dallas) by March 12, 2009. Any offers received later than this time will not be considered.
Web Link: FedBizOpps Complete View
(https://www.fbo.gov/?s=opportunity&mode=form&id=b611b25197241a973320260eaf983869&tab=core&_cview=1)
Place of Performance: Address: 1.Chicago, 2.Denver, 3.Washington, DC, United States
Record: SN01757395-W 20090228/090226215536-b611b25197241a973320260eaf983869 (fbodaily.com)
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X -- DHS OPLA Multi Location/Date - ICE Multi-Conference Proposal Form