16 -- USCG C130 AIRCRAFT COOLING TURBINE

17. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This requirement will be satisfied using commercial acquisition procedures specified in FAR Part 12. This announcement constitutes the only solicitation; a written solicitation will not be issued. Solicitation number HSCG38-05-Q-30013 is being assigned to this procurement for tracking purposes only. The incorporated clauses and provisions are those in effect through Federal Acquisition Circular 01-27.The North American Industry Classification System Code is 336412 and the size standard is 1000. This synopsis/solicitation is issued for the acquisition of Turbine, Aircraft Cooling; NSN 1660-01-036-5903, P/N 571925-3-1 for a quantity of 2 each. Factory new material is the only acceptable material to fill this requirement. Each item shall include a Certificate of Airworthiness in accordance with FAA procedures, (FAA Form 8130-3 or 8130-4), or Certificate of Conformance in accordance with FAR 52.24615. Items shipped shall be shipped to: USCG Aircraft Repair and Supply Center, Attn: Receiving Section, Bldg. 63, Elizabeth City, NC 27909-5001. Required delivery date is 12 May, 2005. Inspection shall be performed by Certificate of Conformance and Acceptance shall be performed at destination by USCG ARSC Quality Assurance Personnel. Fob point shall be destination. Copies of packing slips shall be affixed to the outside of the shipping container. Packaging of the items for return shipment shall be in accordance with the Contractor's best commercial practices with the following exceptions: Each item or unit must be individually packed in a separate box, carton, or crate. Each individual container shall be labeled on the outside with NSN , Part Number, Serial Number, Quantity, Nomenclature, Purchase Order Number, and Line Item. Only Bar Coding of the NSN is necessary. The internal packaging material shall be sufficient to prevent damage during shipment, handling, and storage. Each unit shall be packaged to protect against electrostatic damage. Preservation protection must be sufficient to prevent corrosion, deterioration or decay during warehouse storage for a period of one year, but no preservation coating will be applied directly to the component. Packaging material shall NOT consist of the following material: popcorn, shredded paper, styrofoam of any type, or peanut style packaging. The closing date for receipt of offers is 27 April, 2005, 3:00 pm, EDT. Facsimile offers are acceptable and may be forwarded via fax number +1 (555) 000-0000. The evaluation factor for award of this requirement will be based on lowest price obtained from a responsible offeror. Offeror's are instructed to include a completed copy of FAR provision 52.212-3, Offeror Representations and Certifications-Commercial Items (May 2004) with their offers. Offerors that do not have access to these certifications may request a copy from the point of contact referenced above to obtain them. The following FAR provisions and clauses apply to this solicitation and are incorporated by reference: FAR 52.212-1, Instructions to Offerors - Commercial Items (Jan 2004); FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Apr 2004); FAR 52.203-6, Restrictions on Subcontractors Sales to the Government (Jul 1995), Alternate I, (Oct 1995); FAR 52.219-8, Utilization of Small, Small Disadvantaged and Women-Owned Small Business Concerns (Oct 2000); FAR 52.222-26, Equal Opportunity (Apr 2002); FAR 52-222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Dec 2001); FAR 52.222-36, Affirmative Action for Workers with Disabilities (June 1998); FAR 52.222-37, Employment Reports on Disabled Veterans and Veterans of the Vietnam Era (Dec 2001); FAR 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (Jan 2004); FAR 52.233-3, Protest After Award (Aug 1996); FAR 52.203-3 Gratuities (Apr 1984); FAR 52.203-8, Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (Jan 1997); FAR 52.203-10, Price or Fee Adjustment for Illegal or Improper Activity (Jan 1997); FAR 52.203-12, Limitation on Payments to Influence Certain Federal Transactions (Jun 2003); FAR 52.204-4, Printing/Copying Double-Sided on Recycled Paper (Aug 2000); FAR 52.211-15, Defense Priority and Allocation Requirements (Sep 1990); FAR 52.219-6, Notice of Total Small Business Set-Aside (Jun 2003); FAR 52.243-1, Changes Fixed Price (Aug 1987) Alternate I (Apr 1984); FAR 52.245-1, Property Records (Apr 1984); FAR 52.247-34, FOB Destination (Nov 1991). 3052.209-70 Prohibition on contracts with corporate expatriates. As prescribed at (HSAR) 48 CFR 3009.104-75, insert the following clause: 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. (End of provision) Defense Priorities and Allocations System Rating: DO-A1. Notice to Offerors: It is the policy of the Coast Guard to issue solicitations and make contract awards in a fair and timely manner. To further this policy, the Commandant has created the position of Solicitation Ombudsman who is empowered to investigate issues raised by prospective offerors and resolve them, where possible, without expensive and time consuming litigation. Potential offerors who believe that a Coast Guard solicitation is unfair or otherwise defective should first direct their concerns to the cognizant contracting officer. If the contracting officer is unable to satisfy the concerns, the offeror should then contact the Coast Guard Solicitation Ombudsman at the following address: Commandant (G-CPM-S/3), 2100 Second Street, SW, Washington, DC 20593. Telephone +1 (555) 000-0000, Fax No. +1 (555) 000-0000. Potential offerors should provide the following information to the Ombudsman in order to ensure a timely response: solicitation number, contracting office, contracting office, contracting officer, and solicitation closing date. ATTENTION: Minority, Women-Owned and Disadvantaged Business Enterprises(DBE's)! See Numbered Note 1.