16 -- APN 215 Components Rework

The Department of Homeland Security/U.S. Coast Guard seeks to award one contract for the procurement of rework services of the APN 215 components. For a one-year base period starting 01 October 2004 and four (4) one-year option periods, not to exceed a total of five years. The following are the estimated annual requirements: NSN 6660-01-133-3586, P/N: 4001670-2505, Indicator, Base Year 35 each, Option Years One, Two, Three and Four 30 each; P/N: 3602086-0001, CRT, Base Year, Option Years One, Two, Three and Four 1 each; NSN 5841-01-093-1492, P/N: 4000966-0107, Receiver Transmitter, Base Year, Option Years, One, Two, Three and Four 30 each; P/N 4004505-0001 or P/N PNL5362B, Magnetron, Base Year, Option Years, One, Two, Three and Four 8 each. This requirement will be satisfied using commercial acquisition procedures specified in FAR Part 12. Offerors must be OEM, FAA, or DOD certified to perform rework and service on the items listed above and must provide proof of this certification with the proposal. Other certifications must be submitted to the Contracting Officer for possible approval on a case-by-case basis. This is a 100% Small Business Set-Aside. The Coast Guard does not own, nor can it provide drawings or specifications for these items. Offerors must have access to all current maintenance rework manuals and performance/test/acceptance criteria to ensure that equipment is reworked in accordance with the Original Equipment Manufacturer's (OEM) specifications. The solicitation No. HSCG38-04-R-H00002 will be issued on or about 12 March 2004. Request for the solicitation must be in writing; facsimile requests may be submitted to the attention of Lucille McEachin, Contract Specialist via fax number +1 (555) 000-0000; telephone requests will not be honored. 3052.209-70 Prohibition on contracts with corporate expatriates. As prescribed at (HSAR) 48 CFR 3009.104-75: 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), 52-412-04-03 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 52-512-04-03 (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. 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