FBODaily.com | FedBizOpps: PRESOL | 28 | Caterpillar Parts To Support U.S. Coast Guard Vessels

FBO DAILY - FEDBIZOPPS ISSUE OF FEBRUARY 23, 2013 FBO #4109
SOLICITATION NOTICE

28 -- Caterpillar Parts To Support U.S. Coast Guard Vessels

Notice Date: 2/21/2013
Notice Type: Combined Synopsis/Solicitation
NAICS: 333618 — Other Engine Equipment Manufacturing
Contracting Office: Department of Homeland Security, United States Coast Guard (USCG), USCG Surface Forces Logistics Center (SFLC) Procurement Branch 2, 1301 Clay St., Suite 807N, Oakland, California, 94612-5249, United States
ZIP Code: 94612-5249
Solicitation Number: HSCG40-13-Q-40001
Archive Date: 2/21/2014
Point of Contact: Linda C. Cho, Phone: 510-637-5965, Karen Marshall, Phone: 757-441-7026
E-Mail Address: Linda.C.Cho@uscg.mil, Karen.M.Marshall@uscg.mil
(Linda.C.Cho@uscg.mil, Karen.M.Marshall@uscg.mil)
Small Business Set-Aside: N/A
Description: This is a combined synopsis/solicitation for a commercial item prepared in accordance with the format outlined in FAR Subpart 12.6, Federal Acquisition Circular (FAC) 2005-65. This Request for Quote (RFQ) constitutes the only solicitation. Quotations are being requested and a written solicitation will not be issued. This is an unrestricted solicitation. The NAICS code for this solicitation is 333618 and small business standard is $1,000 employees. This synopsis/solicitation is issued pursuant to FAR 6.203-1 and HSAM 3006.302-1. The resultant contract will be awarded using simplified acquisition procedures in accordance with FAR 13. Award will be made on or about March 8, 2013. The United States Coast Guard Surfaces Forces Logistics Center (SFLC) has a need to buy numerous Caterpillar Main Diesel and Ship Service Diesel Generator parts to support 418' National Security Cutters (WMSLs) of the SFLC Long Range Enforcer Product Line (LREPL), 175' Coastal Buoy Tenders (WLMs), 225' Seagoing Buoy Tenders (WLBs), 100' Inland Buoy Tenders (WLIs), 65' River Buoy Tenders (WLRs), and 75' WLRs of the SFLC Ice Breaker, Buoy and Construction Tender Product Line (IBCTPL), 110' Coastal Patrol Boats (WPBs) of the SFLC Patrol Boat Product Line (PBPL), and 210' Medium Endurance Cutters WMECs, 270' WMECs, USCGC Eagle, and USCGC Alex Haley of the SFLC Medium Endurance Cutter Product Line (MECPL). Under the resulting contract, the Coast Guard Surface Forces Logistics Command may issue Delivery Orders (DOs) to the contractor for any parts required by Coast Guard cutters for Caterpillar products. Justification and Approval (J&A) is attached. Contract Type: This solicitation will result in one (1) award of a firm fixed price-requirements contract. Under that contract, the Coast Guard will issue Delivery Orders (DOs) to the contractor for any parts required by Coast Guard cutters for Caterpillar products. Orders may be issued by e-mail, facsimile, and orally (followed up in writing). Performance Period: The performance period for this requirement contract is from March 11, 2013 through March 10, 2014. Estimated Schedule of Supplies: Provide pricing and proposed discount rate for the following Item Numbers to evaluate fair and reasonableness. ITEM# Part Number/Description/Quantity Unit Price Total Cost 0001 Part Number 179-1502 NSN 4330-01-425-5576 Filter Element, Fluid (1 Each) $ __________ $ __________ 0002 Part Number 1R-0726 NSN 2940-01-484-1207 Filter Element, Fluid (360 Each) $ __________ $ __________ 0003 Part Number 8T-6690 NSN 5330-01-333-9920 Packing, Preformed (95 Each) $ __________ $ __________ 0004 Part Number 112-8194 NSN 6685-01-453-6306 Thermocouple (65 Each) $ __________ $ __________ 0005 Part Number 116-2819 NSN 2990-01-467-2076 Cartridge, Turbocharger (5 Each) $ __________ $ __________ 0006 Part Number 265-7538 NSN 2815-01-523-7820 Bridge, Exhaus (50 Each) $ __________ $ __________ 0007 Part Number 10R-9815 NSN 2920-01-205-8717 Electrical Starter (15 Each) $ __________ $ __________ 0008 Part Number 112-8194 NSN 6685-01-453-6306 Thermocouple (65 Each) $__________ $ __________ 0009 Part Number 6I-3137 NSN 4730-01-521-8645 Strainer Element, Sediment (30 Each) $ _________ $__________ SUBTOTAL(TOTAL COST)_______________ The contractor shall indicate the percentage increase (+) or decrease (-) from the Caterpillar Parts List, which will be applied to all Caterpillar Parts Price List items. This markup or discount shall be applied in determining the proposed price for the catalog items. Any subsequent revision of the Parts List shall be processed in accordance with FAR Clause 52.216-2 entitled "Economic Price Adjustment-Standard Supplies" dated January 1997. INCREASE (+)_________________% DECREASE (-)_________________% NOTE: The Government shall have the right to procure any parts listed in this schedule and the Caterpillar parts catalog at the percentage increase (+) or decrease (-) from the Caterpillar Parts List, which will be applied to all Caterpillar Parts Price List items. Substitute part numbers are NOT acceptable. ALL ITEMS MUST BE BRAND NAME CATERPILLAR, THE ORIGINAL MANUFACTURER (OEM) PARTS. Delivery shall be F.O.B. Destination to: USCG SFLC, 2401 Hawkins Point Road, Baltimore, MD 21226 Attn; Receiving Room/Bldg 88. Deliveries are to be made between the hours of 7:30am and 3:30pm EST, Monday through Friday to the address above. However, delivery may be made to various destinations. Destination will be stated in each delivery order. NO DRAWINGS, SPECIFICATIONS OR SCHEMATICS ARE AVAILABLE FROM THIS AGENCY. (i) Marking of warranted items. Pursuant to the requirements of FAR 46.706(b)(5), the Contractor shall stamp or mark the supplies delivered or otherwise furnish notice with the supplies of the existence of the warranty. Marking may be brief but should include (i) a brief statement that a warranty exists (ii) its duration and (iii) who to notify if supplies are found to be defective. For commercial items, the contractor's trade practice in warranty marking is acceptable if sufficient information is presented for supply personnel and user to identify warranted items. (ii) FAR 52.212-1 Instructions to Offerors-Commercial Items (Feb 2012) with Alternate I. 1. Parties responding to this solicitation who believe they can supply exact items, may submit their offer in accordance with their standard commercial practices (e.g. on company letterhead signed by a corporate officer authorized to bind the company, formal quote form, etc.) but must include the following information: 1) company's complete mailing and remittance addresses, 2) discounts for prompt payment if applicable 3) cage code, 4) Dun & Bradstreet number, 5) Taxpayer ID number 6)Technical Capability, Schedule, Past Performance and Price information. Also, the full text of a solicitation provision may be accessed electronically at this address: www.arnet.gov. (iii) FAR 52.212-2 Evaluation-Commercial Items (Jan 1999). - The award will be made by adding together the cost for each line item to achieve a final price for evaluation purposes. Price evaluation will be performed by the Contracting Officer to determine the reasonableness of each proposed price. The government intends to award without discussions, but reserves its right to conduction negotiations if determined necessary. (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: Factor 1, Technical Capability Factor 2, Schedule Factor 3, Past Performance Factor 4, Price Factors 1, 2, 3 are of "EQUAL" importance. Factor 4 is less important than factors 1, 2 and 3. The combined evaluation factors are more important than price. QUOTES SHALL BE EVALUATED USING THE FOLLOWING CRITERIA: TECHNICAL CAPABILITY: (a) The offeror shall provide documentation/certification that their company is an Authorized Marine Dealership (AMD) for Caterpillar Inc. (OEM) parts. SCHEDULE: (a) The offeror shall propose delivery of all parts and quantities listed in the Estimated Schedule of Supplies. In evaluating offeror's proposed delivery days, the Government will determine which offeror's proposed delivery days in section (ix) of the solicitation is most advantageous to the Coast Guard mission. PAST PERFORMANCE: (a) The offeror shall provide two (2) RELEVANT contracts completed during the past five (5) years or currently in the process for the same requirement that are being solicited under this contract. This evidence of experience must include sufficient information to allow the Coast Guard to evaluate the proposal relative to the above requirements (i.e. contract numbers, project titles, dollar amounts, a point of contact and telephone numbers for each contract). The Government may waive the submission of past performance information by the company if adequate data already exists on file with this office. The past performance evaluation will take into account the guidelines outlined at FAR 15.305(a)(2) Past Performance Evaluation. The Contractor's past performance will be evaluated according to the following factors and questions: - Quality of Product or Service Did the customer get what was specified? Did the customer consider the final product high in quality? If warranty issues arose, were they promptly corrected? - Schedule Was the contract completed on time? If not, reason why not (growth work, Contractor delayed, government delayed?) - Business Relations How was the customer service? Was the Contractor committed to customer satisfaction? Would you use this company again (Why/Why not)? - Management of Key Personnel Were subcontracts involved? Comments? In evaluating Contractors past performance, the government intends to also review U.S. Coast Guard Contractor Performance Assessment Reports and other existing past performance ratings on relevant contracts. General trends in a Contractor's performance will also be considered. PRICE: Offeror's price shall represent the best price in response to the request for quotes. The price shall be evaluated to determine fair and reasonableness. ***Technical Capability, Schedule and Past Performance are of "EQUAL" importance and more important than Price**** Award may be made without any discussions or negotiations. This is based on the Contracting Officer's determination after an evaluation has been completed on all offers. It is the policy of the Coast Guard to issue solicitations and make contract awards in a fair and timely manner. The requirement will be evaluated using required Technical Qualification in the Type of Work Required, Past Performance and Price; whereas required Technical Qualification is equal to Past Performance, but more important than Price. PLEASE NOTE: PROPOSALS THAT DO NOT INCLUDE ALL REQUIRED DOCUMENTS MAY BE CONSIDERED INCOMPLETE AND MAY NOT BE CONSIDERED (iv) FAR 52.212-3 (Dec 2012) Offeror Representations and Certifications-Commercial Items - Offeror shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items with their offer. (v) FAR 52.212-4 Contract Terms and Conditions-Commercial Items (Feb 2012) applies to this acquisition. Method of Payment and invoicing Instructions The U.S. Coast Guard has implemented WINs Remote for the preferred method for contractors to submit all payment requests. As prescribed in FAR Clause 52.232-25, Prompt Payment, all information must be included in an invoice for it to constitute a proper invoice. Invoices submitted by the Contractor which are deemed not proper, in accordance with FAR clause, 52.212-4 will be returned. In addition to the information required by FAR 52.212-4 (g) Invoices shall include: (a) Each invoice shall contain the following information to ensure proper processing: 1. Contract Number, Delivery Order/Task Order Number, DOC Number 2. Invoice Number and Invoice Date 3. DUNS Number 4. The overall percentage and dollar amount previously billed, currently billed and unbilled 5. Name of the Contract Specialist and Contracting Officer 6. Invoice Routing Code (IRC): SFLC-2 7. Indicate if Final Invoice (b) Submit invoices electronically to: http://www.fincen.uscg.mil/secure/web_invoices_cgyard.htm OR Mail to: USCG Coast Yard, P.O. Box 4122, Chesapeake, VA 23326, or Fax to 757-523-5900. (vi) FAR 52.16-4 Economic Price Adjustment -- Standard Supplies (Jan 1997) (a) The Contractor warrants that the unit price stated in the Schedule for _________ [offeror insert Schedule line item number] is not in excess of the Contractor's applicable established price in effect on the contract date for like quantities of the same item. The term "unit price" excludes any part of the price directly resulting from requirements for preservation, packaging, or packing beyond standard commercial practice. The term "established price" means a price that -- (1) Is an established catalog or market price for a commercial item sold in substantial quantities to the general public; and (2) Is the net price after applying any standard trade discounts offered by the Contractor. (b) The Contractor shall promptly notify the Contracting Officer of the amount and effective date of each decrease in any applicable established price. Each corresponding contract unit price shall be decreased by the same percentage that the established price is decreased. The decrease shall apply to those items delivered on and after the effective date of the decrease in the Contractor's established price, and this contract shall be modified accordingly. (c) If the Contractor's applicable established price is increased after the contract date, the corresponding contract unit price shall be increased, upon the Contractor's written request to the Contracting Officer, by the same percentage that the established price is increased, and the contract shall be modified accordingly, subject to the following limitations: (1) The aggregate of the increases in any contract unit price under this clause shall not exceed 10 percent of the original contract unit price. (2) The increased contract unit price shall be effective -- (i) On the effective date of the increase in the applicable established price if the Contracting Officer receives the Contractor's written request within 10 days thereafter; or (ii) If the written request is received later, on the date the Contracting Officer receives the request. (3) The increased contract unit price shall not apply to quantities scheduled under the contract for delivery before the effective date of the increased contract unit price, unless failure to deliver before that date results from causes beyond the control and without the fault or negligence of the Contractor, within the meaning of the Default clause. (4) No modification increasing a contract unit price shall be executed under this paragraph (c) until the Contracting Officer verifies the increase in the applicable established price. (5) Within 30 days after receipt of the Contractor's written request, the Contracting Officer may cancel, without liability to either party, any undelivered portion of the contract items affected by the requested increase. (d) During the time allowed for the cancellation provided for in subparagraph (c)(5) of this clause, and thereafter if there is no cancellation, the Contractor shall continue deliveries according to the contract delivery schedule, and the Government shall pay for such deliveries at the contract unit price, increased to the extent provided by paragraph (c) of this clause. (End of Clause) (vii) FAR 52.216-18 - Ordering (Oct 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from March 11, 2013 to March 10, 2014. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. (End of Clause) (viii) 52.216-19 -- Order Limitations (Oct 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $50.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor -- (1) Any order for a single item in excess of $300,000.00. (2) Any order for a combination of items in excess of $300,000.00 or (3) A series of orders from the same ordering office within five (5) days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 30 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of Clause) (ix) 52.211-8 -- Time of Delivery. As prescribed in 11.404(a)(2), insert the following clause: Time of Delivery (Jun 1997) (a) The Government requires delivery to be made according to the following schedule: REQUIRED DELIVERY SCHEDULE [Contracting Officer insert specific details] ITEM NO. QUANTITY WITHIN DAYS AFTER DATE OF CONTRACT 0001-0009 Various 14 CALENDAR DAYS AFTER ISSSUANCE OF DELIVERY ORDER The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply. OFFEROR'S PROPOSED DELIVERY SCHEDULE ITEM NO. QUANTITY WITHIN DAYS AFTER DATE OF CONTRACT 0001-0009 Various ___ CALENDAR DAYS AFTER ISSUANCE OF DELIVERY ORDER (b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected. (End of Clause) (x) FAR 52.212-5 (Jan 2013) Contract Terms and Conditions Required to Implement Statues or Executive Orders, Commercial Items. The following clauses listed in 52.212-5 are incorporated: 52.203-6 Restrictions on Subcontractor Sales to the Government (Sept 2006) with Alt I (Oct 1995) 52.204-10 Reporting Executive Compensation and First Tier Subcontract Awards (Feb 2012) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) 52.216-2 Requirements (Oct 1995) Alternate I 52.219-8 Utilization of Small Business Concerns (Jan 2011) 52.219-9 Small Business Subcontracting Plan (Jan 2011) 52.219-16 Liquidated Damages -Subcontracting Plan (Jan 1999) 52.219-28 Post-Award Small Business Program Representation (Apr 2012). 52.222-3 Convict Labor (June 2003)(E.O. 11755). 52.222-19 Child Labor-Cooperation with Authorities and Remedies (March 2012)(E.O. 13126). 52.222-21 Prohibition of Segregated Facilities (Feb 1999). 52.222-26 Equal Opportunity (Mar 2007)(E.O. 11246). 52.222-35 Equal Opportunity for Veterans (Sep 2010) 52.222-36 Affirmative Action for Workers With Disabilities (Oct 2010)(29 U.S.C. 793). 52.222-37 Employment Reports for Veterans (Sep 2010) 52.222-40 Notification of Employee rights Under the National Labor Relations Act (Dec 2010) 52.222-54 Employment Eligibility Verification (Jul 2012) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). 52.232-33 Payment by Electronic Funds Transfer - Central Contractor Registration (Oct. 2003) 52.225-1 Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d). (31 U.S.C. 3332) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). (xi) FAR 52.209-7 Information Regarding Responsibility Matters (Feb 2012) (a) Definitions. As used in this provision- "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. "Federal contracts and grants with total value greater than $10,000,000" means- (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). "Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in- (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database via https://www.acquisition.gov (see 52.204-7). (xii) 52.232-99 Providing Accelerated Payment to Small Business Subcontractors (Deviation) (August 2012) This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16 Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012. (a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor. (b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns. (c) The acceleration of payment under this clause does not provide any new rights under the Prompt Payment Act. (xiii) HSAR 3052.209-70 Prohibitions on contracts with corporation expatriates. (June 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. QUOTES ARE DUE BY 5:00 p.m. EST on February 25, 2013. Contractors are responsible for verifying receipt of their quotes. Quotes shall be submitted electronically to: Linda C. Cho, Contracting Officer, Email: Linda.C.Cho@uscg.mil, or mail to: 1301 Clay St. Suite 807N, Oakland, CA. 94612-5249.
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28 -- Caterpillar Parts To Support U.S. Coast Guard Vessels